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23 

STATE OF ILLINOIS. 




ADOPTED IN CONVENTION, MAY 13, 1870; RATIFIED BY THE PEOPLE, 
JULY 2, .870; IN FORCE, AUGUST 8, 1870. 



THE 



New Constitution, 



WITH A 



Complete Analytical Index. 



By HENRY W. WELLS, 

A Member 0/ the Convention. 




CHICAGO: 
E. B. MYERS & COMPANY. 

Law Booksellers and Publishers. 
1871. 




CUSHING'S PARLIAMENTARY LAW. 

THIRD EDITION. 

ELEMENTS OF THE LAW AND PRACTICE OF LEGISLATIVE ASSEM- 
BLIES IN THE UNITED STATES OF AMERICA. By Hon. Luther S. 

CUSHING. 

Third Edition. 8vo, 1050 pp. Law Sheep. $7.50. 

This great work, the result of the labor of many years, is divided into nine distinct 
parts, embracing the following subjects : 




Of the Election of the Members. 

Of the Constitution of a Legislative Assembly. 

Of the Privileges and Incidental Powers of a 

Legislative Assembly. 
Of the Powers and Functions of a Legislative 

Assembly as such. . 
Of Communications between the different 

Branches of a Legislative Body, and between 



them or either of them and other bodies of 
persons. 

6. Of the Forms and Methods of Proceeding in 

a Legislative Assembly. 

7. Of Committees and their Functions. 

8. Of the Passing of Bills. 

9. Of Impeachment. 



COOLEY'S CONSTITUTIONAL LIMITATIONS. 

A TREATISE ON THE CONSTITUTIONAL LIMITATIONS UPON LEGIS- 
LATIVE POWER IN THE SEVERAL STATES OF THE AMERICAN 
UNION. Ey Hon. Thomas M. Cooley, of the Supreme Court of Michigan. 

8vo. Law Sheep. $7.50. 

This volume covers a field not entirely embraced by any work heretofore published. 
It is characterized by research and ability, and will become an indispensable guide in all 
inquiries into constitutional questions, as applicable to the State Constitutions. 

CONTENTS : 

9. Protection to Person and Property under the 
Constitution of the United States. 

10. Constitutional Protections to Personal Liberty. 

11. Protection of Property by the " Law of the 
Land." 

12. Liberty of Speech and of the Press. 



1. Definitions. 

2. Constitution of the United States. 

3. Formation and Amendment of State Consti- 

tutions . 

4. Construction of State Constitutions. 

5. Powers which the Legislative Department 

may Exercise. 

6. Enactment of Laws. 

7. Circumstances under which a Legislative Act 

may be declared Unconstitutional. 

8. Several Grades of Municipal Government. 



13. Religious Liberty. 

14. Power of Taxation. 

15. Eminent Domain. 

16. Police Power of the States. 

17. Expression of the Popular Will. 



AMERICAN CONSTITUTIONAL LAW. 

A TREATISE ON THE PRINCIPLES OF AMERICAN CONSTITUTIONAL 
LAW AND LEGISLATION. 

THE CONSTITUTIONAL CONVENTION: ITS HISTORY, POWERS AND 
MODES OF PROCEEDING, Etc. By John A. Jameson, LL.D., of the Superior 
Court of Chicago. 

One Vol., Octavo, 575 pp. Law Binding. #5.00. 

FROM JOHN NORTON POMEROY, 
Dean of Law, New York University ; author of " Constitutional Law," etc. 
" It is a work not only designed particularly for the lawyer, but for the citizen, the 
legislator — for all who are interested in their country and its government." * * 
" The ablest work on politics ever written in America." 

FROM HON. GEORGE BANCROFT. 

" A subject of the greatest interest and importance. As far as I can judge, his research 
has been persevering, his judgment acute ; and I am sure there is no work before the 
public which contains the information which he has brought together." 



Any Law Book, published in this country, sent free to any address on receipt 0/ the price. 

E. B. MYERS, LAW PUBLISHER, 

87 Washington Street, Chicago. 



JP= 



THE NEW CONSTITUTION 



OF THE 



STATE OF ILLINOIS 



ADOPTED IN CONVENTION. MAY 13, 1870; RATIFIED BY 

THE PEOPLE, JULY 2, 1870; IN FORCE, 

AUGUST 8. 1870. 



C\nnFUI.].Y COMPARED AND IDENTICAL WITH THE MSS. IN THE SECRETARY 8 
OFFICE ; WITH A 

COMPLETE ANALYTICAL INDEX, 

REFERRING TO ARTICLE, SECTION AND PAGE. 



By HENRY W. WELLS, 

A Member of the Convention. 



CHICAGO : 
E. B MYERS AND COMPANY, 

LAW BOOKSELLERS AND PUBLISHERS. 

1871. 



6 



**% 



Entered according to Act of Congress, in the year 1871, 

BY E. B. MYERS, 

In the Office of the Librarian of Congress, at Washington. 



Horton A Leonard, Printers, 108 and 110 Randolph Street, Chicago. 



THE FEW CONSTITUTION 

OF THE 

STATE OF ILLINOIS, 

Adopted in Convention, May 13, 1870. 

Ratified by the People, July 2, 1870; compared with the official copy ; ana arranged 
as provided by the schedule, 

By Henry W. Wells, a Member of the Convention. 



PREAMBLE 

We, the people of the State of Illinois — grateful to Almighty God for the 
civil, political and religious liberty which He hath so long permitted us to 
enjoy, and looking to Him for a blessing upon our endeavors to secure and 
transmit the same unimpaired to succeeding generations — in order to form a 
more perfect government, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this Consti- 
tution for the State of Illinois. 

ARTICLE I. 

BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, 
to-wit: Beginning at the mouth of the Wabash river; thence up the same, 
and with the line of Indiana, to the north-west corner of said State; thence 
east, with the line of the same State, to the middle of Lake Michigan; thence 
north along the middle of said lake, to north latitude forty-two degrees and 
thirty minutes; thence west to the middle of the Mississippi river, and thence 
down along the middle of that river to its confluence with the Ohio river, and 
thence up the latter river, along its north-western shore, to the place of begin- 
ning: Provided, That this state shall exercise such jurisdiction upon the 
Ohio river, as she is now entitled to, or such as may hereafter be agreed upon 
by this state and the state of Kentucky. 

. ARTICLE II. 

BILL OF RIGHTS. 

Section 1. All men are by nature free and independent, and have certain 
inherent and inalienable rights — among these are life, liberty and the pursuit 
of happiness. To secure these rights and the protection of property, govern- 
ments are instituted among men, deriving their just powers from the consent 
of the governed. 

Sec. 2. No person shall be deprived of life, liberty, or property, without 
due process of law. 

Sec. 3. The free exercise and enjoyment of religious profession and worship, 
without discrimination, shall forever be guaranteed; and no person shall be 
denied :my civil or political right, privilege or capacity, on account of his. 



2 THE NEW CONSTITUTION. [ART. II. 

religious opinions; but the liberty of conscience hereby secured shall not be 
construed to dispense with oaths or affirmations, excuse acts of licentiousness, 
or justify practices inconsistent with the peace or safety of the state. No person 
shall be required to attend or support any ministry or place of worship against 
his consent, nor shall any preference be given by law to any religious denomi- 
nation or mode of worship. 

Sec. 4. Every person may freely speak, write and publish on all subjects, 
being responsible for the abuse of that liberty; and in all trials for libel, both 
civil and criminal, the truth, when published with good motives and for justi- 
fiable ends, shall be a sufficient defence. 

Sec. 5. The right of trial by jury as heretofore enjoyed, shall remain 
inviolate; but the trial of civil cases before justices of the peace by a jury of 
less than twelve men, may be authorized by law. 

Sec. 6. The right of the people to be secure in their persons, houses, papers 
and effects, against unreasonable searches and seizures, shall not be violated ; 
and no warrant shall issue without probable cause, supported by affidavit, 
particularly describing the place to be searched, and the persons or things to 
be seized. 

Sec. 7. All persons shall be bailable by sufficient sureties, except for capital 
offences where the proof is evident or the presumption great; and the privilege 
of the writ of habeas corpus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety may require it. 

Sec. 8. No person shall be held to answer for a criminal offence, unless on 
indictment of a grand jury, except in cases in which the punishment is by fine 
or imprisonment, otherwise than in the penitentiary, in cases of impeachment, 
and in cases arising in the army and navy, or in the militia when in actual 
service in time of war or public danger : Provided, That the grand jury may be 
abolished by law in all cases. 

Sec. C. In all criminal prosecutions, the accused shall have the right to appear 
and defend in person and by counsel ; to demand 'the nature and cause of the 
accusation, and to have a copy thereof; to meet the witnesses face to face, and 
to have process to compel the attendance of witnesses in his behalf, and a speedy 
public trial by an impartial jury of the county or district in which the offence is 
alleged to have been committed. 

Sec. 10. No person shall be compelled in any criminal case to give evidence 
against himself, or be twice put in jeopardy for the same offence. 

Sec. 11. All penalties shall be proportioned to the nature of the offence, and 
no conviction shall work corruption of blood or forfeiture of estate, nor shall 
any person be transported out of the state for any offence committed within the 
same. 

Sec. 12. No person shall be imprisoned for debt, unless upon refusal to deliver 
up his estate for the benefit of his creditors, in such manner as shall be prescribed 
by law, or in cases where there is strong presumption of fraud. 

Sec. 13. Private property shall not be taken or damaged for public use 
without just compensation. Such compensation, when not made by the state, 
shall be ascertained by a jury, as shall be prescribed by law. The fee of land 
taken for railroad tracks, without consent of the owners thereof, shall remain 
in such owners, subject to the use for which it is taken. 

Sec. 14. No ex post facto law, or law impairing the obligation of contracts, 
or making any irrevocable grant of special privileges or immunities, shall be 



Sec. 15. The military shall be in strict subordination to the civil power 

Sec. 16. No soldier shall in time of peace be quartered in any house without 
the consent of the owner ; nor in time of war except in the manner prescribed 
by law. i 

Sec. 17. The people have the right to assemble in a peaceable manner to 
consult for the common good, to make known their opinions to their representa- 
tives, and to apply for redress of grievances. 

Sec. 18. All elections shall be free and equal. 



ART - IV.] ELIGIBILITY AND OATH. 



Sec. 19. Every person ought to find a certain remedy in the laws for ill 
injuries and wrongs which he may receive in his person, property or Station 
he ought to obtam, by law, right and justice freely, and witnoSt beinfobCd 
to purchase n completely and without denial, promptly and without delay 

Seo. -0 A frequent recurrence to the fundamental principles of civil Rove-n- 
an* is absolutely necessary to preserve the blessings of liberty g 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this state are divided into three distinct 
departments— the legislative, executive and judicial; and no person o co lee ?«n 
of persons being one of these departments, shall exercise any power rlerlv 

Sf t0eithei '° f th *« h ^> *™ Tt as hereinafter exp^SrSSTS 



ARTICLE IV. 

LEGISLATIVE DEPARTMENT 



«£A , 3i&^^ rf x=!i^,w«a 



by the people. 

election. 



luesaay next at ei the first Monday in November, in the year of our I orrl „,>» 

XI war: w e s ci^wS 1 ' ? " s 



eligibility and oath. 



twS.?; fi X ° Pei ' SOn Sha11 bG a Senat0r wh0 sha11 not h ave attained the a^e of 

j^assffiLTus-a? ssft tj-jsar ■■db 

or clerk of any court, Secretary of State, Attorney General Stated IS 
perjury or otter^™,? llaS • b '•' en • or ° ereafter sha11 be ■«»»•" " »ribery, 

r s c lld ^ 

;: ^fconsft f rm) / h 1 ," ' Wi " SU P"° rt SoS-aStaSttTlW^ 
«he dutie, „f'° nt r''° n ° f the state of IUiMi8 - <"><! "ill faithfully diBohapw 
• he dut.es of senator (or representative) according to the best of my ability ; 



4 THE NEW CONSTITUTION. [ART. IV. 

and that I have not, knowingly or intentionally, paid or contributed anything, 
or made any promise in the nature of a bribe, to directly or indirectly influence 
any vote at the election at which I was chosen to fill the said office, and have 
not accepted, nor will I accept or receive, directly or indirectly, any money or 
other valuable thing, from any corporation, company or person, for any vote or 
influence I may give or withhold on any bill, resolution or appropriation, or for 
any other official act." This oath shall be administered by a judge of the 
supreme or circuit court in the hall of the house to which the member is 
elected, and the Secretary of State shall record and file the oath subscribed by 
each member. Any member who shall refuse to take the oath herein pre- 
scribed shall forfeit his office, and every member who shall be convicted of 
having sworn falsely to, or of violating his said oath, shall forfeit his office, 
and be disqualified thereafter from holding any office of profit or trust in this 
state. 

APPORTIONMENT 

SENATORIAL. 

Sec. 6. The General Assembly shall apportion the state every ten years, 
beginning with the year one thousand eight hundred and seventy-one, by 
dividing the population of the state, as ascertained by the federal census, by 
the number fifty-one, and the quotient shall be the ratio of the representation 
in the senate. The state shall be divided into fifty-one senatorial districts, 
each of which shall elect one senator, whose term of office shall be four years. 
The senators elected in the year of our Lord, one thousand eight hundred and 
seventy-two, in districts bearing odd numbers, shall vacate their offices at the 
end of two years, and those elected in districts bearing even numbers, at the 
end of four years ; and vacancies occurring by the expiration of term shall be 
filled by the election of senators for the full term. Senatorial districts shall be 
formed of contiguous and compact territory, bounded by county lines, and 
contain, as nearly as practicable, an equal number of inhabitants ; but no 
district shall contain less than four-fifths of the senatorial ratio. Counties con- 
taining not less than the ratio and three-fourths, may be divided into separate 
districts, and shall be entitled to two senators, and to one additional senator, 
for each number of inhabitants, equal to the ratio, contained by such counties 
in excess of twice the number of said ratio. 

MINORITY REPRESENTATION. 

Secs. 7 and 8. The house of representatives shall consist of three times the 
number of the members of the senate, and the term of office shall be two 
years. Three representatives shall be elected in each senatorial district at 
the general election in the year A. D. 1872, and every two years thereafter. 
In all elections of representatives aforesaid, each qualified voter may cast as 
many votes for one candidate as there are representatives to be elected, or 
may distribute the same, or equal parts thereof, among the candidates, as 
he shall see fit, and the candidates highest in votes shall be declared 
elected. (1) 



(1) The above section is inserted in place of the original sections 7 and 8, as prescribed by the 
schedule. Said sections, as inserted by the convention, are as follows : 

Sec. 7. The population of the state, as ascertained by the federal census, shall be divided by the 
number one hundred and fifty-three, and the quotient shall be the ratio of representation in the 
house of representatives. Every county or district shall be entitled to one representative, when its 
population is three-fifths of the ratio. If any county has less than three-fifths of the ratio, it 
hhall be attached to the adjoining county having the least population, to which no other county has 
for the same reason been attached, and the two shall constitute a separate district. Every county or 
district having a population not less than the ratio and three-fifths, shall be entitled to two repre- 
sentatives, and for each additional number of inhabitants equal to the ratio, one representative. 
Counties having over two hundred thousand inhabitants may be divided into districts, each entitled 
to not less than three nor more than five representatives. After the year one thousand, eight hun- 
dred and eighty, the whole population shall be divided by the number one hundred and fifty-nine, 
and the quotient shall be the ratio of representation in the house of representatives for the ensuing 



ART. IV.] STYLE OF LAWS AND PASSAGE OF BILLS. 5 

TIME OF MEETING AND GENERAL RULES. 

Sec. 9. The sessions of the General Assembly shall commence at twelve 
o'clock noon, on the Wednesday next after the first Monday in January, in the 
year next ensuing the election of members thereof, and at no other time, unless 
as provided by this Constitution. A majority of the members elected to each 
house shall constitute a quorum. Each house shall determine the rules of its 
proceedings, and be the judge of the election returns and qualifications of its 
members ; shall choose its own officers : and the senate shall choose a temporary 
president to preside when the Lieutenant Governor shall not attend as president, 
or shall act as Governor. The Secretary of State shall call the house of repre- 
sentatives to order at the opening of each new Assembly, and preside over it until 
a temporary presiding officer thereof shall have been chosen and shall have taken 
his seat. No member shall be expelled by either house, except by a vote of two- 
thirds of all the members elected to that house, and no member shall be twice 
expelled for the same offence. Each house may punish, by imprisonment, any 
person, not a member, who shall be guilty of disrespect to the house by disor- 
derly or contemptuous behavior in its presence. But no such imprisonment 
shall extend beyond twenty-four hours at one time, unless the person shall 
persist in such disorderly or contemptuous behavior. 

Sec. 10. The doors of each house and of committees of the whole shall be kept 
open, except in such cases as, in the opinion of the house, require secresy. 
Neither house shall, without the consent of the other, adjourn for more than two 
days, or to any other place than that in which the two houses shall be sitting. 
Each house shall keep a journal of its proceedings, which shall be published. 
In the senate, at the request of two members, and in the house, at the request 
of five members, the yeas and nays shall be taken on any question, and entered 
upon the journal. Any two members of either house shall have liberty to dissent 
from, and protest, in respectful language, against any act or resolution which 
they think injurious to the public or to any individual, and have the reasons of 
their dissent entered upon the journals. 

STYLE Or LAWS, AND PASSAGE OF BILLS. 

Sec. 11. The style of the laws of this state shall be, "Be it enacted by the 
people of the State of Illinois, represented in the General Assembly." 

Sec. 12. Bills may originate in either house, but may be altered, amended or 
rejected by the other: and on the final passage of all bills, the vote shall be by 
yeas and nays, upon each bill separately, and shall be entered upon the journal; 
and no bill shall become a law without the concurrence of a majority of the 
members elected to each house. 

13. Every bill shall be read at large, on three different days, in each 
house ; and the bill and all amendments thereto shall be printed before the vote 
is taken on its final passage ; and every bill, having passed both houses, shall 
be signed by the Speakers thereof. No act hereafter passed shall embrace 
more than one subject, and that shall be expressed in the title. But if any 
subject shall be embraced in an act which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall not be so expressed ; and 
no law shall be revived or amended by reference to its title only, but the law 
revived or the section amended shall be inserted at length in the new act. And 
no act of the General Assembly shall take effect until the first day of July next 

ten years, and six additional representatives shall be added for every five hundred thousand increase 
of population at each decennial census thereafter, and be apportioned in the same manner as above 
provided. 

When a county or district 6hall have a fraction of population above what shall entitle it to 
one representative, or more, according to the provisions of the foregoing section, amounting to one- 
fifth of the ratio, it shall be entitled to on*- additional representative in the»fifth term of each decen- 
nial period. When such fraction is two-fifths of the ratio, it shall be entitled to an additional repre- 
sentative in the fourth and fifth terms of said periods. When the fraction is three-fiths of the ratio, 
it shall be entitled to an additional representative in the first, second and third terms, respectively. 
When the fraction is four-fifths of the ratio, it shall be entitled to an additional representative io 
the first, second, third and fourth terms, respectively. 



6 THE NEW CONSTITUTION. [ART. IV. 

after its passage, unless, in case of emergency (which emergency shall be 
expressed in the preamble or body of the act), the General Assembly shall, by 
a vote of two-thirds of all the members elected to each house, otherwise direct. 

PRIVILEGES AND DISABILITIES. 

Sec. 14. Senators and representatives shall in all cases, except treason, felony, 
or breach of the peace, be privileged from arrest during the session of the 
General Assembly, and in going to and returning from the same , and for any 
speech or debate in either house, they shall not be questioned in any other 
place. 

Sec. 15. No person elected to the General Assembly shall receive any civil 
appointment within this state, from the Governor, the Governor and Senate, or 
from the General Assembly, during the term for which he shall have been 
elected ; and all such appointments and all votes given for any such member, for 
any such office or appointment, shall be void ; nor shall any members of the 
General Assembly be interested, either directly or indirectly, in any contract 
with the state or any county thereof, authorized by any law passed during the 
term for which he shall have been elected, or within one year after the expira- 
tion thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

Sec. 16. The General Assembly shall make no appropriation of money out of 
the treasury in any private law. Bills making appropriations for the pay of 
members and officers of the General Assembly, and for the salaries of the officers 
of the government, shall contain no provision on any other subject. 

Sec. 17. No money shall be drawn from the treasury except in pursuance of 
an appropriation made by law, and on the presentation of a warrant issued by 
the Auditor thereon ; and no money shall be diverted from any appropriation 
made for any purpose, or taken from any fund whatever, either by joint or 
separate resolution. The Auditor shall, within sixty days after the adjourn- 
ment of each session of the General Assembly, prepare and publish a full state- 
ment of all money expended at such session, specifying the amount of each item, 
and to whom and for what paid. 

Sec. 18. Each General Assembly shall provide for all the appropriations neces- 
sary for the ordinary and contingent expenses of the government until the expi- 
ration of the first fiscal quarter after the adjournment of the next regular 
session, the aggregate amount of which shall not be increased without a vote of 
two-thirds of the members elected to each house, nor exceed the amount of 
revenue authorized by law to be raised in such time ; and all appropriations, 
general or special, requiring money to be paid out of the state treasury, from 
funds belonging to the state, shall end with such fiscal quarter ; Provided, The 
state may, to meet casual deficits, or failures in revenues, contract debts, never 
to exceed in the aggregate two hundred and fifty thousand dollars ; and moneys 
thus borrowed shall be applied to the purpose for which they were obtained, or 
to pay the debt thus created, and to no other purpose ; and no other debt, 
except for the purpose of repelling invasion, suppressing insurrection or defend- 
ing the state in war (for payment of which the faith of the state shall be 
pledged), shall be contracted, unless the law authorizing the same shall, at a 
general election, have been submitted to the people, and have received a major- 
ity of the votes cast for members of the General Assembly at such election. The 
General Assembly shall provide for the publication of said law, for three months, 
at least, before the vote of the people shall be taken upon the same ; and pro- 
vision shall be made at the time for the payment of the interest annually, as it 
shall accrue, by a tax levied for the purpose, or from other sources of revenue ; 
which law, providing for the payment of such interest by such tax, shall be 
irrepealable until such debt be paid : And provided further, That the law levying 
the tax shall be submitted to the people with the law authorizing the debt to be 
contracted. 



ART. IV.] SPECIAL LEGISLATION PROHIBITED. 7 

Sec. ID. The General Assembly shall never grant or authorize extra compen- 
sation, fee or allowance to any public officer, agent, servant or contractor, after 
service has been rendered, or a contract made, nor authorize the payment of any 
claim, or part thereof, hereafter created against the state under any agreement 
or contract made without express authority of law; and all such unauthorized 
agreements or contracts shall be null and void: Provided, the General Assembly 
may make appropriations for expenditures incurred in suppressing insurrection, 
or repelling invasion. 

Sec. 20. The state shall never pay, assume, or become responsible for the 
debts or liabilities of, or in any manner give, loan, or extend its credit, to, or in 
aid of any public or other corporation, association or individual. 

PAY OF MEMBERS. 

Sec. 2i. The members of the General Assembly shall receive for their services 
the sum of five dollars per day, during the first session held under this Consti- 
tution, and ten cents for each mile necessarily traveled in going to and return- 
ing from the seat of government, to be computed by the Auditor of Public 
Accounts, and thereafter such compensation as shall be prescribed by law, and 
no other allowance or emolument, directly, or indirectly, for any purpose 
whatever, except the sum of fifty dollars per session to each member, which 
shall be in full for postage, stationery, newspapers, and all other incidental 
expenses and perquisites : but no change shall be made in the compensation of 3 
members of the General Assembly during the term for which they may have been 
elected. The pay and mileage allowed to each member of the General Assembly 
shall be certified by the speakers of their respective houses, and entered on the 
journals, and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

Sec. 22. The General Assembly shall not pass local or special laws in any of 
the following enumerated cases, that is to say : For — 

Granting divorces ; 

Changing the names of persons or places ; 

Laying out, opening, altering and working roads or highways ; 

Vacating roads, town plats, streets, alleys and public grounds ; 

Locating or changing county seats ; 

Regulating county and township affairs ; 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of the peace, police magis- 
trates and constables ; 

Providing for changes of venue in civil and criminal cases ; 

Incorporating cities, towns or villages, or changing or amending the charter 
of any town, city or village ; 

Providing for the election of members of the board of supervisors in town- 
ships, incorporated towns or cities ; 

Summoning and impanneling grand or petit juries; 

Providing for the management of common schools ; 

Regulating the rate of interest on money ; 

The opening and conducting of any election, or designating the place of 
voting : 

The sale or mortgage of real estate belonging to minors or others under dis- 
ability ; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges ; 

Remitting fines, penalties or forfeitures ; 

Creating, increasing or decreasing fees, percentage or allowances of public 
officers during the term for which said officers are elected or appointed ; 

Changing the law of descent ; 

Granting to any corporation, association or individual the right to lay down 
railroad tracks, or amending existing charters for such purpose ; 



8 THE NEW CONSTITUTION. [ART. IV. 

Granting to any corporation, association or individual any special or exclu- 
sive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, no special 
law shall be enacted. 

Sec. 23. The General Assembly shall have no power to release or extinguish, 
in whole or in part, the indebtedness, liability or obligation of any corporation 
or individual to this state, or to any municipal corporation therein. 

IMPEACHMENT. 

Sec. 24. The house of representatives shall have the sole power of impeach- 
ment; but a majority of all the members elected must concur therein. All 
impeachments shall be tried by the senate ; and when sitting for that purpose, 
the senators shall be upon oath, or affirmation, to do justice according to law 
and evidence. When the Governor of the state is tried, the Chief Justice shall 
preside. No person shall be convicted without the concurrence of two-thirds 
of the senators elected. But judgment in such cases shall not extend further 
than removal from office, and disqualification to hold any office of honor, profit 
or trust under the government of this state. The party, whether convicted or 
acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and 
punishment according to law. 

MISCELLANEOUS. 

Sec. 25. The General Assembly shall provide by law, that the fuel, station- 
ery, and printing paper furnished for the use of the state; the copying, printing, 
binding and distributing the laws and journals, and all other printing ordered 
by the General Assembly, shall be let by contract to the lowest responsible 
bidder ; but the General Assembly shall fix a maximum price ; and no member 
thereof or other officer of the state shall be interested, directly or indirectly, 
in such contract. But all such contracts shall be subject to the approval of the 
Governor, and if he disapproves the same, there shall be a re-letting of the 
contract in such manner as shall be prescribed by law. 

Sec. 26. The state of Illinois shall never be made defendant in any court of 
law or equity. 

Sec. 27. The General Assembly shall have no power to authorize lotteries or 
gift enterprises, for any purpose, and shall pass laws to prohibit the sale of 
lottery or gift enterprise tickets in this state. 

Sec. 28. No law shall be passed which shall operate to extend the term of 
any public officer after his election or appointment. 

Sec. 29. It shall be the duty of the General Assembly to pass such laws as 
may be necessary for the protection of operative miners, by providing for ven- 
tilation, when the same may be required, and the construction of escapement 
shafts or such other appliances as may secure safety in all coal mines, and to 
provide for the enforcement of said laws by such penalties and punishments 
as may be deemed proper. 

Sec. 30. The General Assembly may provide for establishing and opening 
roads and cartways, connected with a public road, for private and public use. 

Sec. 31. The General Assembly may pass laws permitting the owners or 
occupants of lands to construct drains and ditches for agricultural and sanitary 
purposes across the lands of others. 

Sec. 32. The General Assembly shall pass liberal homestead and exemption 
laws. 

Sec. 33. The General Assembly shall not appropriate out of the state treas- 
ury, or expend on account of the new capitol grounds, and construction, com- 
pletion and furnishing of the state-house a sum exceeding in the aggregate 
three and a half millions of dollars, inclusive of all appropriations heretofore 
made, without first submitting the proposition for an additional expenditure to 
the legal voters of the state at a general election, nor unless a majority of all 
the votes cast at such election shall be for the proposed additional expenditure 



ART. V.l GOVERNOR. 



ARTICLE V. * 

EXECUTIVE DEPARTMENT. 

Section 1. The executive department shall consist of a Governor, Lieuten- 
ant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, 
Superintendent of Public Instruction and Attorney General, who shall each, 
with the exception of the Treasurer, hold his office for the term of four years 
from the second Monday of January next after his election, and until his 
successor is elected and qualified. They shall, except the Lieutenant Governor, 
reside at the seat of government during their term of office, and keep the 
public records, books and papers there, and shall perform such duties as may 
be prescribed by law. 

Sbc. -. The Treasurer shall hold his office for the term of two years, and 
until his successor is elected and qualified, and shall be ineligible to said office 
tor two years next after the end of the term for which he was elected. He 
may be required by the Governor to give reasonable additional security, and in 
default of so doing, his office shall be deemed vacant. 

ELECTION. 

Sec. 3. An election for Governor, Lieutenant Governor, Secretary of State, 
Auditor of Public Accounts and Attorney General, shall be held on the Tuesday 
next after the first Monday of November, in the year of our Lord one thousand 
eight hundred and seventy-two, and every four years thereafter; for Superin- 
tendent of Public Instruction on the Tuesday next after the first Monday 
of November, in the year one thousand eight hundred and seventy, 
and every four years thereafter ; and for Treasurer on the day last above 
mentioned, and every two years thereafter, at such places and in such manner 
as may be prescribed by law. 

Sec. 4. The returns of every election for the above named officers shall be 
sealed up and transmitted by the returning officers to the Secretary of State, 
directed" to "The speaker of the house of representatives," who shall, immedi- 
ately after the organization of the house, and before proceeding to other 
business, open and publish the same in the presence of a majority of each 
house of the General Assembly, who shall, for that purpose assemble in the 
hall of the house of representatives. The person having the highest number 
of votes for either of said offices shall be declared duly elected ; but if two or 
more have an equal, and the highest number of votes, the General Assembly 
shall, by joint ballot, choose one of such persons for said office. Con- 
tested (dections for all of said offices shall be determined by both houses of 
the General Assembly, by joint ballot, in such manner as may be prescribed 
by law. 

ELIGIBILITY. 

Sec. 5. No person shall be eligible to the office of Governor or Lieutenant 
Governor who shall not have attained the age of thirty years, and been, for five 
years next preceding his election, a citizen of the United States and of this 
state. Neither the Governor, Lieutenant Governor, Auditor of Public Accounts, 
Secretary of State, Superintendent of Public Instruction, nor Attorney General 
shall be eligible to any other office during the period for which he shall have 
been elected. 

GOVERNOR. 

Sbc. 6. The supreme executive power shall be vested in the Governor, who 
shall take care that the laws be faithfully executed. 

Sec. 7. The Governor shall, at the commencement of each session, and at the 
close of his term of office, give to the General Assembly information, by message, 
of the condition of the state, and shall recommend such measures as he shall 
deem expedient. He shall account to the General Assembly,- and accompany his 
message with a statement of all moneys received and paid out by him from any 
funds subject to his order, with vouchers: and, at the commencement of each 
n 1 



10 THE NEW CONSTITUTION. [ART. V. 

regular session, present estimsft.es of the amount of money required to be raised 
by taxation for all purposes. 

Sec. 8. The Governor may, on extraordinary occasions, convene the General 
Assembly, by proclamation, stating therein the purpose for which they are 
convened ; and the General Assembly shall enter upon no business except that 
for which they were called together. 

Sec. 9. In case of a disagreement between the two houses with respect to the 
time of adjournment, the Governor may, on the same being certified to him by 
tile house first moving the adjournment, adjourn the General Assembly to such 
time as he thinks proper, not beyond the first day of the next regular session. 

Sec. 10. The Governor shall nominate, and by and with the advice and consent 
of the senate, (a majority of all the senators elected concurring, by yeas and 
nays,) appoint all officers whose offices are established by this Constitution, or 
which may be created by law, and whose appointment or election is not other- 
wise provided for ; and no such officer shall be appointed or elected by the 
General Assembly. 

Sec. 11. In case of a vacancy, during the recess of the senate, in any office 
which is not elective, the Governor shall make a temporary appointment until 
the next meeting of the senate, when he shall nominate some person to fill such 
office; and any person so nominated, who is confirmed by the senate (a major- 
ity of all the senators elected concurring by yeas and nays), shall hold his office 
during the remainder of the term, and until his successor shall be appointed and 
qualified. No person, after being rejected by the senate, shall be again nomi- 
nated for the same office at the same session, unless at the request of the senate,. 
or be appointed to the same office during the recess of the General Assembly. 

Sec. 12. The Governor shall have power to remove any officer whom he may 
appoint, in case of impotency, neglect of duty or malfeasance in office ; and he 
may declare his office vacant, and fill the same as" is herein provided in other 
cases of vacancy. 

Sec. 13. The Governor shall have power to grant reprieves, commutations 
and pardons, after conviction, for all offences, subject to such regulations as 
may be provided by law relative to the manner of applying therefor. 

Sec. 14. The Governor shall be commander-in-chief of the military and naval 
forces of the state (except when they shall be called into the service of the 
United States) ; and may call out the same to execute the laws, suppress insur- 
rection, and repel invasion. 

Sec. 15. The Governor and all civil officers of this state shall be liable tc 
impeachment for any misdemeanor in office. 



Sec. 16. Every bill passed by the General Assembly shall, before it becomes 
a law, be presented to the Governor. If he approve, he shall sign it, and there- 
upon it shall become a law; but if he do not approve, he shall return it, with 
his objections, to the house in which it shall have originated, which house shall 
enter the objections at large upon its journal, and proceed to reconsider the bill. 
If, then, two-thirds of the members elected agree to pass the same, it shall be 
sent, together with the objections, to the other house, by which it shall likewise 
be reconsidered ; and if approved by two-thirds of the members elected to that 
house, it shall become a law, notwithstanding the objections- of the Governor. 
But in all such cases, the vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which shall not be returned by 
the Governor within ten days (Sundays excepted) after it shall have been pre- 
sented to him, shall become a law in like manner as if he had signed it, unless 
the General Assembly shall, by their adjournment, prevent its return; in which 
case it shall be filed, with his objections, in the office of the Secretary of State, 
within ten days after such adjournment, or become a law. 

lieutenant governor. 

Sec. 17. In case of the death, conviction on impeachment, failure to qualify, 
resignation, absence fro-m the state, or other disability of the Governor, the 



ART. V.] DEFINITION AND OATH OF OFFICE. 11 



powers, duties and emoluments of the office for the residue of the term, or until 
the disability shall be removed shall devolve upon the Lieutenant Governor. 

S»c. 18. The Lieutenant Governor shall be president of the senate, and Bhall 
vote only when the senate is equally divided. The senate shall choose a presi- 
dent, pro tempore, to preside in case of the absence or impeachment of the Lieu 
tenant Governor, or when he shall hold the office of Governor. 

Sr.c. 1'.' If there be no Lieutenant Governor, or if the Lieutenant Qovernoi 
shall, for any of the causes specified in section seventeen of this article, become 
incapable of performing the duties of the office, the president of the senate 
shall act as Governor until the vacancy is filled'or the disability removed; and 
if the president of the senate, for any of the above named causes, shall become 
incapable of performing the duties of Governor, the same shall devolve upon 
the speaker of the house of representatives. 

OTHER STATE OFFICERS. 

Sec. 20. If the office of Auditor of Public Accounts, Treasurer, Secretary of 
State. Attorney General or Superintendent of Public Instruction shall be vacated 
by death, resignation or otherwise, it shall be the duty of the Governor to till the 
same by appointment, and the appointee shall hold his office until his successor 
shall be elected and qualified, in such manner as may be provided by law. An 
account shall be kept by the officers of the executive department, and of all the 
public institutions of the state, of all the moneys received or disbursed by them, 
severally, from all sources and for every service performed, and a semi-annual 
report thereof be made to the Governor, under oath ; and any officer who makes 
a false report shall be guilty of perjury, and punished accordingly. 

Sec. 21. The officers of the executive department, and of all the public insti- 
tutions of the state, shall, at least ten days preceding each regular session of 
the General Assembly, severally report to the Governor, who shall transmit 
such report to the General Assembly, together with the reports of the judges 
of the supreme court, of defects in the Constitution and laws ; and the Governor 
may at any time require information in writing, under oath, from the officers 
of the executive department, and all officers and managers of state institutions, 
upon any subject relating to the condition, management and expenses of their 
respective offices. 

THE SEAL OF STATE. 

22. There shall be a seal of the state, which shall be called the "Great 
Seal of the State of Illinois." which shall be kept by the Secretary of State, and 
used by him, officially, as directed by law. 

FEES AND SALARIES 

Sec. 23. The officers named in this article shall receive for their services a 
salary, to be established by law, which shall not be increased or diminished 
during their official terms, and they shall not, after the expiration of the terms 
of those in office at the adoption of this Constitution, receive to their own use 
any fees, costs, perquisites of office, or other compensation. And all fees that 
may hereafter be payable by law for any services performed by any officer pro- 
vided for in this article of the Constitution, shall be paid in advance into the 
state treasury. 

DEFINITION AND OATH OF OFFICE. 

Sec. 24. An office is a public position, created by the Constitution or law, 
continuing during the pleasure of the appointing power, or for a fixed time, 
with a successor elected or appointed. An employment is an agency, for a 
temporary purpose, which ceases when that purpose is accomplished. 

Sec. 25. All civil officers, except members of the General Assembly and such 
inferior officers as may be by law exempted, shall, before they enter on the 



12 THE NEW CONSTITUTION. [ART. VI, 

duties of their respective offices, take and subscribe the following oath or 
affirmation : 

"I do solemnly swear (or affirm, as the case may be) that I will support the 
Constitution of the United States, and the Constitution of the State of Illinois, 

and that I will faithfully discharge the duties of the office of according to 

the best of my ability." 

And no other oath, declaration or test shall be required as a qualification. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial powers, except as in this article is otherwise provi- 
ded, shall be vested in one supreme court, circuit courts, county courts, justices, 
of the peace, police magistrates, and in such courts as may be created by law 
in and for cities and incorporated towns. 

SUPREME COURT. 

Sec. 2. The supreme court shall consist of seven judges, and shall have 
original jurisdiction in cases relating to the revenue, in mandamus and habeas 
corpus, and appellate jurisdiction in all other cases. One of said judges shall 
be chief justice ; four shall constitute a quorum, and the concurrence of four 
shall be necessary to every decision. 

Sec. 3. No person shall be eligible to the office of judge of the supreme 
court unless he shall be at least thirty years of age and a citizen of the United 
States, nor unless he shall have resided in this state five years next preceding 
his election, and be a resident of the district in which he shall be elected. 

Sec. 4. Terms of the supreme court shall continue to be held in the present 
grand divisions at the several places now provided for holding the same ; and 
until otherwise provided by law, one or more terms of said court shall be held, 
for the northern division, in the city of Chicago, each year, at such times as 
said court may appoint, whenever said city or the county of Cook shall provide 
appropriate rooms therefor, and the use of a suitable library without expense 
to the state. The judicial divisions may be altered, increased or diminished in 
number, and the times and places of holding said court may be changed by law. 

Sec. 5. The present grand divisions shall be preserved and be denominated 
Southern, Central and Northern, until otherwise provided by law. The state 
shall be divided into seven districts for the election of judges, and, until other- 
wise provided by law, they shall be as follows : 

First District. — The counties of St. Clair, Clinton, Washington, Jefferson r 
Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, 
Monroe, Jackson, Williamson, Saline, Gallatin; Hardin, Pope. Union, Johnson, 
Alexander, Pulaski, and Massac. 

Second District. — The counties of Ma-dison, Bond, Marion, Clay, Richland, 
Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, 
Shelby, Cumberland, Clark, Greene, jersey, Calhoun and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, DeWitt, Piatt, 
Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, 
Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, Schuyler,. 
Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mercer, Henry, 
Stark, Peoria, Marshall, Putnam Bureau, LaSalle, Grundy and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, JoDaviess, Stephenson, 
Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle and Rock 
Island. 

Seventh District. — The counties of "Lake, Cook, Will, Kankakee, and DuPage. 

The boundaries of the districts may be changed at the session of the General 
Assembly next preceding the election for judges therein, and at no other time ; 



DIV. VI.] CIRCUIT COURTS. 13 

but whenever such alterations shall be made, the same shall be upon the rule 
of equality of population, as nearly as county boundaries will allow, and the 
districts shall be composed of contiguous counties, in as nearly compact form 
as circumstances will permit. The alteration of the districts shall not affect 
the tenure of office of any judge. 

Skc. G. At the time of voting on the adoption of this Constitution, one 
judge of the supreme court shall be elected by the electors thereof in each of 
said districts numbered two, three, six and seven, who shall hold his office for 
the term of nine years from the first Monday of June, in the year of our Lord 
one thousand eight hundred and seventy. The term of office of judges of the 
supreme court, elected after the adoption of this Constitution, shall be nine 
years ; and on the first Monday of June of the year in which the term of any 
of the judges in office at the adoption of this Constitution, or of the judges 
then elected shall expire, and every nine years thereafter, there shall be an 
election for the successor or successors of such judges, in the respective dis- 
tricts wherein the term of such office shall expire. The chief justice shall 
continue to act as such until the expiration of the term for which he was 
elected, after which the judges shall choose one of their number chief justice. 

Skc. 7. From and after the adoption of this Constitution, the judges of the 
supreme court shall each receive a salary of four thousand dollars per annum, 
payable quarterly, until otherwise provided by law. And after said salaries 
shall be fixed by law, the salaries of the judges in office shall not be increased 
or diminished during the terms for which said judges shall have been elected. 

Sec. S. Appeals and writs of error may be taken to the supreme court, held 
in the grand division in which the case is decided, or, by consent of the parties 
to any other grand division. 

Sec. 9. The supreme court shall appoint one reporter of its decisions, who 
shall hold his office for six years, subject to removal by the court. 

Sec. 10. At the time of the election for representatives in the General 
Assembly, happening next preceding the expiration of the terms of office of 
the present clerks of said court, one clerk of said court for each division shall 
be elected, whose term of office shall be six years from said election, but who 
shall not enter upon the duties of his office until the expiration of the term of 
his predecessor ; and every six years thereafter, one clerk of said court for 
each division shall be elected. 

APPELLATE COURTS. 

Sec. 11. After the year of our Lord one thousand eight hundred and 
seventy-four, inferior appellate courts of uniform organization and jurisdiction, 
may be created in districts formed for that purpose, to which such appeals and 
writs of error as the General Assembly may provide may be prosecuted from 
circuit and other courts, and from which appeals and writs of error shall lie to 
the supreme court in all criminal cases, and cases in which a franchise or free- 
hold, or the validity of a statute is involved, and in such other cases as may be 
provided by law. Such appellate courts shall be held by such number of 
judges of the circuit courts, and at such times and places, and in such manner 
as may be provided by law ; but no judge shall sit in review upon cases decided 
by him. Nor shall said judges receive any additional compensation for such 
services. 

circuit courts. 

12. The circuit courts shall have original jurisdiction of all causes in 
law and equity, and such appellate jurisdiction as is or may be provided by 
law. and shall hold two or more terms each year in every county. The terms of 
office of judges of circuit courts shall be six years. 

13. The state, exclusive of the county of Cook and other counties 
hnving a population of one hundred thousand, shall be divided into judicial 
circuit, prior to the expiration of the terms of office cf the present ^udges 



14 THE NEW CONSTITUTION. [ART. VI. 

of the circuit courts. Such circuits shall be formed of contiguous counties, in 
as nearly compact form and as nearly equal as circumstances will permit, 
having due regard to business, territory and population, and shall not exceed 
in number one circuit for every one hundred thousand of population in the 
state. One judge shall be elected for each of said circuits, by the electors 
thereof. New circuits may be formed and the boundaries of circuits changed 
by the General Assembly, at its session next preceding the election for circuit 
judges, but at no other time : Provided, That the circuits may be equalized or 
changed at the first session of the General Assembly, after the adoption of this 
Constitution. The creation, alteration, or change of any circuit shall not affect 
the tenure in office of any judge. Whenever the business of the circuit court 
of any one, or of two or more contiguous counties, containing a population 
exceeding fifty thousand, shall occupy nine months of the year, the General 
Assembly may make of such county or counties a separate circuit. Whenever 
additional circuits are created, the foregoing limitations shall be observed. 

Sec. 14. The General Assembly shall provide for the times of holding court 
in each county ; which shall not be changed except by the General Assembly 
next preceding the general election for judges of said courts ; but additional 
terms may be provided for in any county. The election for judges of the 
circuit court shall be held on the first Monday in June, in the year of our Lord, 
one thousand eight hundred and seventy-three, and every six years thereafter. 

Sec. 15. The General Assembly may divide the state into judicial circuits of 
greater population and territory, in lieu of the circuits provided for in section 
thirteen, of this article, and provide for the election therein, severally, by the 
electors thereof, by general ticket, of not exceeding four judges, who shall hold 
the circuit courts in the circuit for which they shall be elected, in such manner 
as may be provided by law. 

Sec. 16. From and after the adoption of this Constitution, judges of the circuit 
courts shall receive a salary of three thousand dollars per annum, payable 
quarterly, until otherwise provided by law. And after their salaries shall be 
fixed by law, they shall not be increased or diminished during the terms for 
which said judges shall be, respectively, elected; and from and after the adop- 
tion of this Constitution, no judge of the supreme or circuit court shall receive 
any other compensation, perquisite or benefit, in any form whatsoever, nor 
perform any other than judicial duties to which may belong any emoluments. 

Sec. 17. No person shall be eligible to the office of judge of the circuit or any 
inferior court, or to membership in the "board of county commissioners," unless 
he shall be at least twenty-five years of age, and a citizen of the United States, 
nor unless he shall have resided in this state five years next preceding his elec- 
tion, and be a resident of the circuit, county, city, cities or incorporated town 
in which he shall be elected. 

COUNTY COURTS. 

Sec. 18. There shall be elected in and for each county, one county judge and 
one clerk of the county court, whose terms of office shall be four years. But 
the General Assembly may create districts of two or more contiguous counties, 
in each of which shall be elected one judge, who shall take the place of and 
exercise the powers and jurisdiction of county judges in such districts. County 
courts shall be courts of record, and shall have original jurisdiction in all 
matters of probate ; settlement of estates of deceased persons ; appointment 
of guardians and conservators and settlements of their accounts ; in all matters 
relating to apprentices ; and in proceeding for the collection of taxes and 
assessments, and such other jurisdiction as may be provided for by general law. 

Sec. 19. Appeals and writs of error shall be allowed from final determinations 
of county courts, as may be provided by law. 

PROBATE COURTS. 

Sec. 20. The General Assembly may provide for the establishment of a pro- 
bate court in each county having a population of over fifty thousand, and for the 



ART, VI.J COURTS OF COOK COUNTY. 15 

election of a judge thereof, whose term of office shall be the same a* that of the 
county judge, and who shall be elected at the same time and in the same manner. 
Said courts, when established, shall have original jurisdiction of all probate mat- 
ters, the settlement of estates of deceased persons, the appointment of guardians 
and conservators and settlements of their accounts, in all matters relating to 
apprentices and in all cases of the sales of real estate of deceased persons for 
the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

Sec. 21. Justices of the peace, police magistrates and constables shall be 
elected in and for such districts as are or may be provided by law. and the juris- 
diction of such justices of the peace and police magistrates shall be uniform. 

state's attorneys. 

J2. At the election for members of the General Assembly in the year of 
our Lord one thousand eight hundred and seventy-two, and every four years 
thereafter, there shall be elected a state's attorney in and for eacli county, in 
lieu of the state's attorneys now provided bylaw, whose terni of office shall be 
four years. 

COUBTS OF COOK COUNTY. 

Sec. 23. The county of Cook shall be one judicial circuit. The circuit court 
of Cook county shall consist of five judges, until their number shall be increased. 
as herein provided. The present judge of the recorder's court of the city of 
Chicago, and the present judge of the circuit court, of Cook county, shall be two 
of said judges, and shall remain in office for the terms for which they were, 
respectively, elected, and until their successors shall be elected and qualified. 
The superior court of Chicago shall be continued, and called the superior court 
of Cook county. The General Assembly may increase the number of said judges. 
ling one to either of said courts for every additional fifty thousand inhab- 
in said county over and above a population of four hundred thousand. 
The terms of office of the judges of said courts hereafter shall be elected six years. 

Sec. 21. The judge having the shortest unexpired term shall be chief justice 
of the court of which he is a judge. In case there are two or more whose terms 
expire at the same time, it may be determined by lot which shall be chief justice. 
Any judge of either of said courts shall have all the powers of a circuit judge, 
and may hold the court of which he is a member. Each of them may hold a 
■different branch thereof at the same time. 

25. The judges of the superior and circuit courts, and the state's attor- 
ney in said county shall receive the same salaries, payable out of the stare treas- 
ury, as ia or maybe paid from said treasury to the circuit judges and state's 
attorneys of the state, and such further compensation, to be paid by the county 
of Cook, as is or may be provided by law. Such compensation shall not be 
changed during their continuance in office. 

26. The recorder's court of the city of Chicago shall be continued, and 
shall be called the " criminal court of Cook county/" It shall have the jurisdic- 
tion of a circuit court, in all cases of criminal and quasi criminal nature, arising 
in the county of Cook, or that may be brought before said court pursuant to law: 
and all recognizances and appeals taken in said county in criminal and quasi 
-criminal cases shall be returnable and taken to said court. It shall hav< D i 
jurisdiction in civil cases, except in those on behalf of the people, and incident 
to such criminal or quasi criminal matters, and to dispose of unfinished business. 
The terms of said criminal court of Cook county shall be held by one or more 
of the judges of the circuit or superior court of Cook county, as nearly as may 
be in alternation, as may be determined by said judges or provided by law. 

judges shall be. said cturt. 

27. The present clerk of the recorder's court of the city of Chicago shall 
be the clerk of the criminal court of Cook county, during the term for which lie 
was elected. The present clerks of the superior court of Chicago, and the pre*- 



16 THE NEW CONSTITUTION. [ART. VI. 

ent clerk of the circuit court of Cook county shall continue in office during the 
terms for which they were respectively elected ; and thereafter there shall be 
but one clerk of the superior court, to be elected by the qualified electors of said 
county, who shall hold his office for the term of four years, and until his suc- 
cessor is e 1 ected and qualified. 

Sec. 28. All justices of the peace in the city of Chicago shall be appointed by 
the Governor, by and with the advice and consent of the senate (but only upon 
the recommendation of a majority of the judges of the circuit, superior, and 
county courts), and for such districts as are now or shall hereafter be provided 
by law. They shall hold their offices for four years, and until their successors 
have been commissioned and qualified, but they may be removed by summary 
proceeding in the circuit or superior court for extortion or other malfeasance. 
Existing justices of the peace and police magistrates may hold their offices until 
the expiration of their respective terms. 

GENERAL PROVISIONS. 

Sec. 29. All judicial officers shall be commissioned by the Governor. All laws- 
relating to courts shall be general and of uniform operation ; and the organiza- 
tion, jurisdiction, powers, proceedings and practice of all courts, of the same 
class or grade, so far as regulated by law, and the fo^ce and effect of the process, 
judgments and decrees of such courts, severally, shall be uniform. 

Sec. 30. The General Assembly may, for cause entered on the journals, upon 
due notice and opportunity of defence, remove from office any judge, upon con- 
currence of three-fourths of all the members elected of each house. All other 
officers, in this article mentioned, shall be removed from. office on prosecution 
and final conviction for misdemeanor in office. 

Sec. 31. All judges of courts of record, inferior to the supreme court, 
shall, on or before the first day of June of each year, report in writing to the 
judges of the supreme court, such defects and omissions in the laws as their 
experience may suggest; and the judges of the supreme court shall, on or 
before the first day of January of each year, report in writing to the Governor, 
such defects and omissions in the Constitution and laws as they may find to 
exist, together with appropriate forms of bills to cure such defects ;ind 
omissions in the laws. And the judges of the several circuit courts shall 
report to the next General Assembly the number of days they have held court 
in the several counties composing their respective circuits the preceding two 
years. 

Sec. 32. All officers provided for in this article shall hold their offices until 
their successors shall be qualified, and they shall, respectively, reside in the 
division, circuit, county, or district for which they may be elected or appointed. 
The terms of office of all such officers, where not otherwise prescribed in 
this article, shall be four years. All officers, where not otherwise provided for 
in this article, shall perform such duties and receive such compensation as is 
or may be provided by law. Vacancies in such elective offices shall be filled 
by election ; but where the unexpired term does not exceed one year, the 
vacancy shall be filled by appointment, as follows : Of judges, by the Gover- 
nor ; of clerks of courts, by the court to which the office appertains, or by the 
judge or judges thereof; and of all such other offices, by the board of super- 
visors, or board of county commissioners, in the county where the vacancy 
occurs. 

Sec. 33. All process shall run, In the name of the people of the state of 
Illinois ; and all prosecutions shall be carried on, In the name and by the author- 
ity of the people of the state of Illinois ; and conclude, Against the peace and 
dignity of the same. "Population," wherever used in this article, shall be deter- 
mined by the next preceding census of this state, or of the United States. 



ART. VI11.] EDUCATION. 17 



ARTICLE VII. 

SUFFRAGE. 

Section 1. Every person having resided in this state one year, in the 

county ninety days, and in the election district thirty days next preceding any 
election therein, who was an elector in this state on the first day of April, in 
the year of our Lord one thousand eight hundred and forty-eight, or obtained 
a certificate of naturalization before any court of record in this state prior to 
the first da\ - of January, in the year of our Lord one thousand eight hundred 
and seventy, or who shall be a male citizen of the United States above the age 
of twenty-one years, shall be entitled to vote at such election. 

Sec. -. All votes shall be by ballot. 

Sec. ; >. Electors shall, in all cases except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and in 
going to and returning from the same. And no elector shall be obliged to do 
military duty on the days of election, except in the time of Avar or public 
danger. 

Sec. 4. No elector shall be deemed to have lost his residence in this state 
by reasons of his absence on the business of the United States or of this state, 
or in the military or naval service of the United States. 

Sec. o. No soldier, seaman, or marine in the army or navy of the United 
States, shall be deemed a resident of this state in consequence of being sta- 
tioned therein. 

Sec. 6. No person shall be elected or appointed to any office in this state, 
civil or military, who is not a citizen of the United States, and who shall not 
have resided in this state one year next preceding the election or appointment. 

Sec. 7. The General Assembly shall pass laws excluding from the right of 
suffrage persons convicted of infamous crimes. 

ARTICLE VIII. 

EDUCATION. 

Section 1. The General Assembly shall provide a thorough and efficient 
>ystem of free schools, whereby all the children of this state may receive a 
good common school education. 

2. All lands, moneys or other property, donated, granted or received 
for school, college, seminary or university purposes, and the proceeds 
thereof, shall be faithfully applied to the objects for which such gifts or grants 
were made. 

Sec. 3. Neither the General Assembly nor any county, city, town, township, 
school district or other public corporation, shall ever make any appropriation 
or pay from any public fund whatever, anything in aid of any church or secta- 
rian purpose, or to help support or sustain any school, academy, seminary, 
college, university or other literary or scientific institution controlled by any 
church or sectarian denomination whatever ; nor shall any grant or donation 
of land, money or other personal property ever be made by the state or any 
Euch corporation, to any church or for any sectarian purpose. 

4. No teacher, state, county, township or district school officer shall be 
interested in the sale, proceeds or profits of any book, apparatus or furniture. 
used or to be used in any school in this state, with which such officer or teacher 
may be connected, under such penalties as may be provided by the General 
Assembly. 

5. There may be a county superintendent of schools in each county, 
whose qualifications, powers, duties, compensation, and time and manner of 
election, and term of office, shall be prescribed by law. 



18 THE NEW CONSTITUTION. [ART. IX. 



ARTICLE IX. 



Sec. 1. The General Assembly shall provide such revenue as may be needful, 
hy levying a tax, by valuation, so that every person and corporation shall pay a 
tax in proportion to the valuation of his, her or its property — such value to be 
ascertained by some person or persons, to be elected or appointed in such 
manner as the General Assembly shall direct, and not otherwise ; but the Gen- 
eral Assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, 
merchants, commission merchants, showmen, jugglers, inn-keepers, grocery- 
keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express 
interests or business, venders of patents, and persons or corporations owning 
or using franchises and privileges, in such manner as it shall, from time to time, 
direct by general law, uniform as to the class upon which it operates. 

Sec. 2. The specification of the objects and subjects of taxation shall not 
deprive the General Assembly of the power to require other subjects or objects 
to be taxed, in such manner as may be consistent with the principles of taxation 
fixed in this Constitution. 

Sec. 3. The property of the state, counties and other municipal corporations, 
both real and personal, and such other property as may be used exclusively for 
agricultural and horticultural societies, for school, religious, cemetery and chari- 
table purposes, may be exempted from taxation; but such exemption shall be 
only by general law. In the assessment of real estate incumbered by public 
easement, any depreciation occasioned by such easement may be deducted in the 
valuation of such property. 

Sec. 4. The General Assembly shall provide, in all cases where it may be 
necessary to sell real estate for the non-payment of taxes or special assessments. 
for state, county, municipal or other purposes, that a return of such unpaid taxes 
or assessments shall be made to some general officer of the county having 
authority to receive state and county taxes ; and there shall be no sale of the 
said property for any of said taxes or assessments but by said officer, upon the 
order or judgment of some court of record. 

Sec. 5. The right of redemption from all sales of real estate, for the non-pay- 
ment of taxes or special assessments of any character whatever, shall exist in 
favor of owners and persons interested in such real estate, for a period of not 
less than two years from such sales thereof. And the General Assembly shall 
provide by law, for reasonable notice to be given to the owners and parties inter- 
ested, by publication or otherwise, of the fact of the sale of property for such 
taxes or assessments, and when the time of redemption shall expire : Provided, 
That occupants shall in all cases be served with personal notice before the time 
of redemption expires. 

Sec. 6. The General Assembly shall have no power to release or discharge any 
county, city, township, town or district whatever, or the inhabitants thereof, or 
the property therein, from their or its proportionate share of taxes to be levied 
for state purposes, nor shall commutation for such taxes bo authorized in any form 
whatsoever. 

Sec. 7. All taxes levied for state purposes shall be paid into the .state 
treasury. 

Sec. 8. County authorities shall never assess taxes, the aggregates of which 
shall exceed seventy-five cents per one hundred dollars' valuation, except for ihe 
payment of indebtedness existing at the adoption of this Constitution, unless 
authorized by a vote of the people of the county. 

Sec. 9. The General Assembly may vest the corporate authorities of cries, 
towns and villages, with power to make local improvement by special assessment 
or by special taxation of contiguous property, or otherwise. For all other cor- 
porate purposes, all municipal corporations may be vested with author* y to 
assess and collect taxes ; but such taxes shall be uniform, in respect to persons 
and property, within the jurisdiction of the body imposing the same. 



ART. X.J COUNTY SEATS. 19 

Skc. 10 The General Assembly shall not impose taxes upon municipal corpo- 
rations, or the inhabitants or property thereof, for corporate purposes; but 
shall require that all the taxable property within the limits of municipal corpo- 
rations shall be taxed for the payment of debts contracted under authority of 
law. such taxes to be uniform in respect to persons and property within the 
jurisdiction of the body imposing the same. Private property shall not be 
liable to be taken or sold for the payment of the corporate debts of a municipal 
corporation. 

Sec. 11. No person who is in default, as collector or custodian of money or 
property belonging to a municipal corporation, shall be eligible to any office in 
or under such corporation. The fees, salary or compensation of no municipal 
officer who is elected or appointed for a definite term of office, shall be increased 
or diminished during such term. 

Sec. 12. No county, city, township, school district or other municipal corpo- 
ration, shall be allowed to become indebted in any manner or for any purpose 
to an amount, including existing indebtedness, in the aggregate exceeding five 
per centum on the value of the taxable property therein, to be ascertained by 
i he List a-sessment for the state and county taxes, previous to the incurring of 
such indebtedness. Any county, city, school district or other municipal corpo- 
ration, incurring any indebtedness as aforesaid, shall, before or at the time of 
doing so. provide for the collection of a direct annual tax sufficient to pay the 
interest on such debt, as it falls due. and also to pay and discharge the prin- 
; hereof within twenty years from the time of contracting the same. 

This section shall not be construed to prevent any county, city, township, 

district or other municipal corporation, from issuing their bonds in 

compliance with any vote of the people which may have been had prior to 

. ption of this Conduction, in pursuance of any law providing therefor. 



ARTICLE X. 

COUNTIES. 

Section 1. No new county shall be formed or established by the General 
Assembly, which will reduce the county or counties, or either of them, 
from which it shall be taken, to less contents than four hundred square 
: nor shall any county be formed- of less contents ; nor shall any line 
thereof pass within less than ten miles of any county seat of the county or 
counties proposed to be divided. 

.:. No county shall be divided, or have any part stricken therefrom, 
it submitting the question to a vote of the people of the county, nor 
a majority of all the legal voters of the county voting on the question, 
vote for the same. 
3. There shall be no territory stricken from any county unless a 
majority of the voters living in such territory shall petition for such divis- 
ion: and no territory shall be added to any county without the consent 
majority of the voters of the county to which it is proposed to be 
added. But the portion so stricken off and added to another county, or formed 
in whole or in part into a new county, shall be holden for, and obliged to pay 
portion of the indebtedness of the county from which it has been taken. 

COUNTY SEATS. 

i. No county seat shall be removed until the point to which it is pro- 
o be removed shall be fixed in pursuance of law, and three-fifths of the 
voters of the county, to be ascertained in such manner as shall be provided by gen- 
eral law. shall have voted in favor of its removal to such point ; and no person shall 
a such question who has not resided in the county six months, and in the 
a precinct ninety days next preceding such election. The question id' 
the removal of a county seat shall not be often* r submitted than once in ten 
year<. of the people. But when an attempt is made to remove a 



20 THE NEW CONSTITUTION. [ART. X, 

county seat to a point nearer to the centre of a county, then a majority vote 
only shall be necessary. 

COUNTY GOVERNMENT. 

Sec. 5. The General Assembly shall provide, by general law, for township 
organization, under which any county may organize whenever a majority of 
the legal voters of such county, voting at any general election, shall so deter- 
mine, and whenever any county shall adopt township organization, so much of 
this Constitution as provides for the management of the fiscal concerns of the 
said county by the board of county commissioners may be dispensed with, and 
the affairs of said county may be transacted in such manner as the General 
Assembly may provide. And in any county that shall have adopted a township 
organization, the question o± continuing the same may be submitted to a vote 
of the electors of such county at a general election, in the manner that now is 
or may be provided by law; and if a majority of all the votes cast upon that 
question shall be against township organization, then such organization shall 
cease in said county ; and all laws in force in relation to counties not having 
township organization, shall immediately take effect and be in force in such 
county. No two townships shall have the same name, and the day of holding 
the annual township meeting shall be uniform throughout the state. 

Sec. 6. At the first election of county judges under this Constitution, there 
shall be elected in each of the counties in this state, not under township organ- 
ization, three officers, who shall be styled "the board of county commission- 
ers," who shall hold sessions for the transaction of county business as shall be 
provided by law. One of said commissioners shall hold his office for one year, 
one for two years, and one for three years, to be determined by lot ; and every 
year thereafter one such officer shall be elected in each of said counties for the 
term of three years. 

Sec. 7. The county affairs of Cook county shall be managed by a board of 
commissioners of fifteen persons, ten of whom shall be elected from the city of 
Chicago, and five from towns outside of said city, in such manner as mav be 
provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

Sec. 8. In each county there shall be elected the following county officers : 
county judge, sheriff, county clerk, clerk of the circuit court (who may by 
ex-officio recorder of deeds, except in counties having sixty thousand and more 
inhabitants, in which counties a recorder of deeds shall be elected at the gen- 
eral election in the year of our Lord one thousand eight hundred and seventy- 
two,) treasurer, surveyor and coroner, each of whom shall enter upon the 
duties of his office, respectively, on the first Monday of December after their 
election ; and they shall hold their respective offices for the term of four years, 
except the treasurer, sheriff and coroner, who shall hold their offices for two 
years, and until their successors shall be elected and qualified. 

Sec. 9. The clerks of all the courts of record, the treasurer, sheriff, coroner 
and recorder of deeds of Cook county, shall receive as their only compensation 
for their services, salaries to be fixed by law, whicn shall in no case be as 
much as the lawful compensation of a judge of the circuit court of said county, 
and shall be paid, respectively, only out of the fees of the office actually 
collected. All fees, perquisites and emoluments (above the amount of said 
salaries) shall be paid into the county treasury. The number of the deputies 
and assistants of such officers shall be determined by rule of the circuit court, 
to be entered of record, and their compensation shall be determined by the 
county board. 

Sec. 10. The county board, except as provided in section nine of this article, 
shall fix the compensation of all county officers, with the amount of their 
necessary clerk hire, stationery, fuel and other expenses, and in all cases where 
fees are provided for, said compensation shall be paid only out of, and shall in 
no instance exceed the fees actually collected. They shall not allow either of 



ART. XI.] CORPORATIONS. 21 

thorn more per annum than tilt eon hundred dollars in counties not exceeding 
twenty thousand inhabitants; two thousand dollars in counties containing 
twenty thousand and not exceeding thirty thousand inhabitants; twenty-five 
hundred dollars in counties containing thirty thousand and not exceeding fifty 
thousand inhabitants; throe thousand dollars in counties containing fifty 
thousand and not exceeding seventy thousand inhabitants; thirty-five hundred 
dollars in counties containing seventy thousand and not exceeding one hundred 
thousand inhabitants ;' and four thousand dollars in counties containing over 
oik hundred thousand and not exceeding two hundred and fifty thousand inhab- 
itants; and not more than one thousand dollars additional compensation for 
each additional one hundred thousand inhabitants : Provided, that the compen- 
sation of no officer shall be increased or diminished during his term of office. 
All foes or allowances by them received, in excess of their said compensation, 
shall be paid into the county treasury. 

Sec. 11. The fees of township officers, and of each class of county officers, 
shall be uniform in the class of counties to which they respectively belong. 
The compensation herein provided for shall apply only to officers hereafter 
elected, but all fees established by special laws shall cease at the adoption of 
this Constitution, and such officers shall receive only such fees as are provided 
by general law. 

Sbc. 12. All laws fixing the fees of state, county and township officers, shall 
terminate with the terms, respectively, of those who may be in office at the 
meeting of the first General Assembly after the adoption of this Constitution ; 
and the General Assembly shall, by general law, uniform in its operation, pro- 
vide for and regulate the fees of said officers and their successors, so as to 
reduce the same to a reasonable compensation for services actually rendered. 
But the General Assembly may, by general law, classify the counties by popu- 
lation into not more than three classes, and regulate the fees according to class. 

This article shall not be construed as depriving the General Assembly of the 
power to reduce the fees of existing officers. 

Sec. 13. Every person who is elected or appointed to any office in this state, 
who shall be paid in whole or in part by fees, shall be required by law to make 
a semi-annual report, under oath, to some officer, to be designated by law, of 
all his fees and emoluments. 

ARTICLE XI. 

CORPORATIONS. 

Section 1. No corporation shall be created by special laws, or its charter 
extended, changed or amended, except those for charitable, educational, penal 
or reformatory purposes, which are to be and remain under the patronage and 
control of the state; but the General Assembly shall provide, by general laws, 
for the organization of all corporations hereafter to be created. 

Sr.c. 2. All existing charters, or grants of special or exclusive privileges, 
under which organization shall not have taken place, or which shall not have 
been in operation within ten days from the time this Constitution takes effect, 
shall thereafter have no validity or effect whatever. 

3. The General Assembly shall provide by law, that in all elections for 
directors or managers of incorporated companies, every stockholder shall have 
the right to vote, in person or by proxy, for the number of shares of stock 
owned by him, for as many persons as there are directors or managers to be 
elected, or to cumulate said shares, and give one candidate as many votes as the 
number of directors, multiplied by the number of his shares of stock, shall 
equal, or to distribute them on the same principle among as many candidates 
as he shall think fit ; and such directors or managers shall not be elected in 
any other manner. 

\. No law shall be passed by the General Assembly, granting the right, 
to construct and operate a street railroad within any city, town or incorporated 
village, without requiring the consent of the local authorities having the control 
of the street or highway proposed to be occupied by such street railroad. 



22 THE NEW CONSTITUTION. TART. XL 



Sec. 5. No state bank shall hereafter be created, nor shall the state own or 
be liable for any stock in any corporation or joint stock company, or associa- 
tion for banking purposes now created, or to be hereafter created. No act of 
the General Assembly authorizing or creating corporations or associations, with 
banking powers, whether of issue, deposit or discount, nor amendments thereto, 
shall go into effect or in any manner be in force, unless the same shall be 
submitted to a vote of the people at the general election next succeeding the 
passage of the same, and be approved by a majority of all the votes cast at 
such election for or against such law. 

Sec. 6. Every stockholder in a banking corporation or institution shall be 
individually responsible and liable to its creditors over and above the amount 
of stock by him or her held, to an amount equal to his or her respective shares 
so held, for all its liabilities accruing while he or she remains such stockholder.. 

Sec. 7 The suspension of specie payments by banking institutions, on their 
circulation, created by the laws of this state, shall never be permitted or sanc- 
tioned. Every banking association, now or which may hereafter be organized 
under the laws of this state, shall make and publish a full and accurate quar- 
terly statement of its affairs (which shall be certified to under oath by one or 
more of its officers) as may be provided by law. 

Sec. 8. If a general banking law shall be enacted, it shall provide for the 
registry and countersigning by an officer of state, of all bills or paper credit 
designed to circulate as money, and require security to the full amount thereof, 
to be deposited with the State Treasurer, in United States or Illinois States 
stocks, to be rated at ten per cent, below their par value ; and in case of the- 
depreciation of said stocks to the amount of ten per cent, below par, the bank 
or banks owning said stocks shall be required to make up said deficiency by 
depositing additional stocks. And said law shall also provide for the recording 
of the names of all stockholders in such corporations, the amount of stock held 
by each, the time of any transfer thereof, and to whom such transfer is made. 

RAILROADS. 

Sec. 9. Every railroad corporation organized or doing business in this State,, 
under the laws or authority thereof, shall have and maintain a public office or 
place in this State for the transaction of its business, where transfers of stock 
shall be made, and in which shall be kept, for public inspection, books in which 
shall be recorded the amount of capital stock subscribed, and by whom ; the 
names of the owners of its stock, and the amounts owned by them respectively ; 
the amount of stock paid in and by whom ; the transfers of said stock ; the 
amount of its assets and liabilities, and the names and place of residence of its 
officers. The directors of every railroad corporation shall annually make a 
report, under oath, to the Auditor of Public Accounts, or some officer to be 
designated by law, of all their acts and doings, which report shall include such 
matters relating to railroads as may be prescribed by law. And the General 
Assembly shall pass laws enforcing by suitable penalties the provisions of this 
section. 

Sec. 10. The rolling stock, and all other moveable property belonging to any 
railroad company or corporation in this state, shall be considered personal 
property, and shall be liable to execution and sale in the same manner as the 
personal property of individuals ; and the General Assembly shall pass no law 
exempting any such property from execution and sale. 

Sec. 11. No railroad corporation shall consolidate its stock, property or fran- 
chises with any other railroad corporation owning a parallel or competing line ; 
and in no case shall any consolidation take place except upon public notice 
given, of at least sixty days, to all stockholders, in such manner as may be 
provided by law. A majority of the directors of any railroad corporation now 
incorporated, or hereafter to be incorporated by the laws of this state, shall be 
citizens and residents of this state. 



ART. XIII.] WAREHOUSES. 23 

Sec. 1-. Railways heretofore constructed, or that may hereafter be con- 
structed in t His state, are hereby declared public highways, and shall be free 
to* all persons for the transportation of their persons and property thereon, 
under such regulations as may be prescribed by law. And the General Assem- 
bly shall, from time to time, pass laws establishing reasonable maximum rates 
of charges for the transportation of passengers and freight on the different rail- 
roads in this state. 

Sec. 13. No railroad corporation shall issue any stock or bonds, except for 
money, labor or property actually received and applied to the purposes for 
which such corporation was created ; and all stock dividends and other ficti- 
tious increase of the capital stock or indebtedness of any such corporation, 
shall be void. The capital stock of no railroad corporation shall be increased 
for any purpose, except upon giving sixty days public notice, in such manner 
as may be provided by law. 

Sir. 1-i. The exercise of the power and the right of eminent domain shall 
never be so construed or abridged as to prevent the taking, by the General 
Assembly, of the property and franchises of incorporated companies already 
organized, and subjecting them to the public necessity the same as of individuals. 
The right of trial by jury shall be held inviolate in all trials of claims for com- 
pensation, when, in the exercise of the said right of eminent domain, any 
incorporated company shall be interested either for or against the exercise of 
said right. 

Sec. 15. The General Assembly shall pass laws to correct abuses and pre- 
vent unjust discrimination and extortion in the rates of freight and passenger 
tariffs on the different railroads in this state, and enforce such laws by adequate 
penalties to the extent, if necessary for that purpose, of forfeiture of their 
propertj- and franchises. 

ARTICLE XII 

MILITIA. 

[ON 1. The militia of the state of Illinois sha]fl consist of all able-bodied 
male persons, resident in the state, between the ages of eighteen and forty-five, 
except such persons as now are or hereafter may be exempted by the laws of 
the United Slates, or of this state. 

3] . '2. The General Assembly, in providing for the organization, equipment, 
and discipline of the militia, shall conform as nearly as practicable to the regu- 
for the government of the armies of the United States. 
. 3. All militia officers shall be commissioned by the Governor, and may 
hold their commissions for such time as the General Assembly may provide. 

Sec. 4. The militia shall in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at muster and elec- 
tions, and in going to and returning from the same. 

Sec. 5. The military records, banners, and relics of the state, shall be pre- 
served as an enduring memorial of the patriotism and valor of Illinois, and it 
shall be the duty of the General Assembly to provide by law for the safe keeping 
of the same. 

0. Xo person having conscientious scruples against bearing arms, shall 
be compelled to do militia duty in time of peace ; Provided, such person shall 
pay an equivalent for such exemption. 

ARTICLE XIII. 

WAREHOUSES. 

Section 1. All elevators or storehouses where grain or other property is 
stored for a compensation, whether the property stored be kept separated or 
not, are declared to be public warehouses. 

Sec. 2. The owner, lessee, or manager of each and every public warehouse 
situated in any town or city of not less than one hundred thousand inhabitants, 



24 THE NEW CONSTITUTION. [ART. XIV 

shall make weekly statements under oath, before some officer to be designated 
bylaw, and keep the same posted in some conspicuous place in the office of such 
warehouse, and shall also file a copy for public examination in such place as 
shall be designated by law, which statement shall correctly set forth the amount 
and grade of each and every kind of grain in such warehouse, together with 
such other property as may be stored therein, and what warehouse receipts 
have been issued and are, at the time of making such statement, outstanding 
therefor ; and shall, on the copy posted in the warehouse, note daily such 
changes as may be made in the quantity and grade of grain in such warehouse ; 
and the different grades of grain shipped in separate lots, shall not be mixed 
with inferior or superior grades without the consent of the owner or consignee 
thereof. 

Sec. 3. The owners of property stored in any warehouse, or holder of a re- 
ceipt for the same, shall always be at liberty to examine such property stored, 
and all the books and records of the warehouse in regard to. such property. 

Sec. 4. All railroad companies and other common carriers on railroads shall 
weigh and measure grain at points where it is shipped, and receipt for the full 
amount, and shall be responsible for the delivery of such amount to the owner 
or consignee thereof, at the place of destination. 

Sec. 5. All railroad companies receiving and transporting grain in bulk or 
otherwise shall deliver the same to any consignee thereof, or any elevator or 
public warehouse to which it may be consigned, provided such consignee or the 
elevator or public warehouse can be reached by any track owned, leased or used, 
or which can be used, by such railroad companies; and all railroad companies 
shall permit connections to be made with their track so that any such consignee, 
and any public warehouse, coal bank or coal yard may be reached by the cars 
on said railroads. 

Sec. 6. It shall be the duty of the General Assembly to pass all necessary 
laws to prevent the issue of false and fraudulent warehouse receipts, and to give 
full effect to this article of the Constitution, which shall be liberally con- 
strued so as to protect producers and shippers. And the enumeration of the 
remedies herein named shall not be construed to deny to the General Assembly 
the power to prescribe by law such other and further remedies as may be found 
expedient, or to deprive any person of existing common law remedies. 

Sec. 7. The General Assembly shall pass laws for the inspection of grain, for 
the protection of producers, shippers and receivers of grain and produce. 

ARTICLE XIV. 

AMENDMENTS to the constitution. 

Section 1. Whenever two-thirds of the members of each house of the General 
Assembly shall, by a vote entered upon the journals thereof, concur that a Con- 
vention is necessary to revise, alter or amend the Constitution, the question 
shall be submitted to the electors at the next general election. If a majority 
voting at the election vote for a Convention, the General Assembly shall, at the 
next session, provide for a Convention, to consist of double the number of mem- 
bers of the senate, to be elected in the same manner, at the same places, and in 
the same districts. The General Assembly shall, in the act calling the Conven- 
tion, designate the day, hour and place of its meeting, fix the pay of its mem- 
bers and officers, and provide for the payment of the same, together with the 
expenses necessarily incurred by the Convention in the performance of its 
duties. Before proceeding, the members shall take an oath to support the Con- 
stitution of the United States, and of the State of Illinois, and to faithfully 
discharge their duties as members of the Convention. The qualification of 
members shall be the same as that of members of the senate, and vacancies 
occurring shall be filled in the manner provided for filling vacancies in the Gen- 
eral Assembly. Said Convention shall meet within three months after such 
election, and prepare such revision, alteration or amendments of the Constitu- 
tion as shall be deemed necessary, which shall be submitted to the electors for 



ADDITIONAL SECTIONS. 25 



their ratification or rejection, at an election appointed by the Convention for 
that purpose, not loss than two nor more than six months after the adjournment 
thereof; and unless so submitted and approved by a majority of the electors 
voting at the election, no such revision, alterations, or amendments shall take 
effect. 

Sbc. 2. Amendments to the Constitution may be proposed in either house of 
the General Assembly, and if the same shall be voted for, by two-thirds of all 
the members elected to each of the two houses, such proposed amendments, 
together with the yeas and nays of each house thereon, shall be entered in full 
on their respective journals, and said amendment shall be submitted to the 
electors of this State for adoption or rejection, at the next election of members 
of the General Assembly, in such manner as may be prescribed by law. The 
proposed amendments shall be published in full at least three months preceding 
the election, and if a majority of the electors voting at said election shall vote 
for the proposed amendments, they shall become a part of this Constitution. 
But the General Assembly shall have no power to propose amendments to more 
than one article of this Constitution at the same session, nor to the same article 
oftener than once in four years. 

ADDITIONAL SECTIONS. 

ILLINOIS CENTRAL RAILROAD 

1. No contract, obligation, or liability whatever, of the Illinois Central rail- 
road company to pay any money into the State treasury, nor any lien of the 
State upon or right to tax property of said company, in accordance with the 
provisions of the charter of said company, approved February 10, A.D. 1851, 
shall ever be released, suspended, modified, altered, remitted, or in any manner 
diminished or impaired by legislative or other authority ; and all moneys 
derived from said company, after the payment of the State debt, shall be appro- 
priated and set apart for the payment of the ordinary expenses of the State 
government, and for no other purposes whatever. 

MUNICIPAL SUBSCRIPTIONS TO RAILROAD OR PRIVATE CORPORATIONS. 

'J. No county, city, town, township, or other municipality, shall ever become 
subscriber to the capital stock of any railroad or private corpprotion, or make 
donation to, or loan its credit in aid of such corporation: Provided, however, that 
the adoption of this article shall not be construed as affecting the right of any 
such municipality to make such subscriptions where the same have been author- 
ized, under existing laws, by a vote of the people of such municipalities prior 
to such adoption. 

CANAL. 

. The Illinois and Michigan canal shall never be sold or leased until the 
specific proposition for the sale or lease thereof shall first have been submitted 
to a vote of the people of the State, at a general election, and have been 
approved by a majority of all the votes polled at such election. 

The General Assembly shall never loan the credit of the State, or make 
appropriations from the treasury thereof, in aid of railroads or canals: Pro- 
tided, that any surplus earnings of any canal may be appropriated for its 
enlargement or extension. 

25 



26 THE NEW CONSTITUTION. 



SCHEDULE. 

That no inconvenience may arise from the alterations and amendments made in the Constitution 
of this state, and to carry the same into complete effect, it is hereby ordained and declared : 

Section 1. That all laws in force at the adoption of this Constitution, not inconsistent therewith, 
and all rights, actions, prosecutions, claims and contracts of this state, individuals or bodies corporate, 
shall continue to be as valid as if this Constitution had not been adopted. 

Sec. 2. That all fines, taxes, penalties, and forfeitures, due and owing to the state of Illinois, under 
the present Constitution and laws, shall inure to the use of the people of the state of Illinois, under 
this Constitution. 

Sec. 3. Recognizances, bonds, obligations, and all other instruments, entered into or executed be- 
fore the adoption of this Constitution, to the people of the state of Illinois, to any state or county 
officer or public body, shall remain binding. and valid, and rights and liabilities upon the same shall 
continue ; and all crimes and misdemeanors shall be tried and punished as though no change had 
been made in the Constitution of this state. 

Sec. 4. County courts, for the transaction of county business in counties not having adopted town- 
ship organization, shall continue in existence, and exercise their present jurisdiction until the board 
of county commissioners, provided in this Constitution, is organized in pursuance of an act of the 
General Assembly ; and the county courts in all other counties shall have the same power and juris- 
diction they now possess, until otherwise provided by general law. 

Sec. 5. All existing courts which are not in this Constitution specifically enumerated, shall con- 
tinue in existence, and exercise their present jurisdiction until otherwise provided by law. 

Sec. 6- All persons now filling any office or appointment, shall continue in the exercise of the 
duties thereof, according to their respective commissions or appointments, unless by this Constitu- 
tion it is otherwise directed. 

Sec. 7. On the day this Constitution is submitted to the people for ratification, an election shall be held 
for judges of the supreme court, in the second, third, sixth and seventh judicial election districts, desig- 
nated in this Constitution, and for «;he election of three judges of the circuit court in the county of 
Cook, as provided for in the article of this Constitution relating to the judiciary; at which election 
every person entitled to vote, according to the terms of this Constitution, shall be allowed to vote, 
and the election shall be otherwise conducted, returns made and certificates issued, in accordance 
with existing laws, except that no registry shall bo required at said election : Provided, that at said 
election in the county of Cook, no elector shall vote for more than two candidates for circuit judge. 
If, upon canvassing the votes for and against the adoption of this Constitution, it shall appear that 
there has been polled a greater number of votes against than for it, then no certificates of* election 
shall be issued for any of said supreme or circuit judges. 

Sec. 8. This Constitution shall be submitted to the people of the State of Illinois for adoption or 
rejection, at an election to be held on the first Saturday in July, A. D. 1870, and there shall be sepa- 
rately submitted at the same time, for adoption or rejection, 

Sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to railroads, in the article 
entitled corporations ; 

The article entitled counties; 

The article entitled warehouses ; 

The question of requiring three-fifths vote to remove a county seat; 

The section relating to the Illinois Central railroad ; 

The section in relation to minority representation ; 

The section relating to municipal subscriptions to railroads or private corporations, and 

The section relating to the canal. 

Ev6ry person entitled to vote under the provisions of this Constitution, as defined in the article 
in relation to "suffrage," shall be entitled to vote for the adoption or rejection of this Constitution, 
and for or against the articles, sections and questions aforesaid, separately submitted ; and the said 
qualified electors shall vote at the usual places of voting, unless otherwise provided, and the said 
elections shall be conducted, and returns thereof made, according to the laws now in force regulating 
general elections, except that no registry shall be required at said election : Provided, however, that 
the polls shall be kept open for the reception of ballots until sunset of said day of election. 

Sec. 9. The Secretary of State shall, at least twenty days before said election, cause to be deliv- 
ered to the county clerk of each county, blank poll-books, tally-lists, and forms of return, and twice 
the number of properly prepared printed ballots for the said election that there are voters in such 
county, the expense whereof shall be audited and paid as other public printing ordered by the Sec- 
retary of State is, by law, required to be audited and paid ; and the several count}' clerks shall, at 
least five days before said election, cause to be distributed to the board of election, in each election 
district, in their respective counties, said blank poll-books, tally-lists, forms of return, and tickets. 

Sec. 10. At the said election the ballots shall be in the following form: 

NEW CONSTITUTION TICKET. . 

For all the pi-opositions on this ticket which are not canceled with ink or pencil ; and against all 
propositions which are so canceled. 
For the new Constitution. 

For the sections relating to railroads in the article entitled corporations. 
For the article entitled counties. 
For the article entitled warehouses. 
For a three-fifths vote to remove county seats. 
For the sections relating to the Illinois Central railroad. 
For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads or private corporations. 
For the section relating to the csnal. 






SCHEDULE. 



27 



Each of said tickets shall be counted as a vote cast for each proposition thereon not canceled with 
ink or pencil and against each proposition so canceled, and returns thereof shall be made accordingly 
by the judges of election. 

Sec. 11. The returns of the whole vote cast and of the votes ior the adoption or rejection of this 
Constitution, and for or against the articles and sections respectively submitted, shall be made by 
the several county clerks, as is now provided by law, to the Secretary of State, within twenty days 
after the election ; and the returns of the said votes shall, within five days thereatter, be examined and 
canvassed by the Auditor, Treasurer and Secretary of State, or any two of them, in the preseuce of 
1 1 rnor, and proclamation shall be made by the Governor, forthwith, of the result of the 
canvass. 

Sic. 12. If it shall appear that a majority of the votes polled are "for the new Constitution," 
then so much of this Constitution as was not separately submited to be voted on by articles and 
-. -hall be the supreme law of the State of Illinois, on and after Monday, the 8th day of 
August, A.D. 1870; but if it shall appear that a majority of the votes polled were "against the new 
ition," then so much thereof as was not separately submitted to be voted on by articles and 
sections shall be null and void. If it shall appear that a majority of the votes polled are " for the 
sections relating to railroads, in the article entitled ' corporations,' " sections uiDe, ten, eleven, 
twelve, thirteen, fourteen and fifteen, relating to railroads in the said article, shall be a part of the 
Constitution of this state ; but if a majority of said votes are against such sections, they shall be 
null and void. If a majority of the votes polled are "for the article entitled 'counties,'" snch 
article shall be a part of the Constitution of this state, and shall be substituted for article seven, in 
the present Constitution, entitled "counties;" but if a majority of said votes are against such 
article, the same shall be null and void. If a majority of the votes polled are for the article entitled 
" warehouses." such article shall be a part of the Constitution of this state; but if a majority of the 
votes are against said article, the same shall be null and void. If a majority of the votes polled are 
for either of the sections separately submitted relating respectively to the "Illinois Central rail- 
road," " minority representation," "municipal subscriptions to railroads or private corporations," 
and the " canal." then such of said sections as shall receive such majority, shall be a part of the 
Constitution of this state ; but each of said sections so separately submitted against which respec- 
tively there shall be a majority of the votes polled, shall be null and void : Provided, that the sec- 
ti n relating to "minority representation,"' shall not be declared adopted unless the, portion of the 
Constitution not separately submitted to be voted on by articles and sections shall be adopted ; and 
in case said section relating to " minority I epresentatkm," shall become a portion of the Constituti n, 
it shall be substituted for sections seven aud eight of the legislative article. If a majority of the 
votes cast at' such election shall be for a three-fifths vote to remove a county seat, then the words 
" a majority " shall be stricken out of section four of the article on counties, and the words " three- 
fifths '' shall be inserted in lieu thereof; and the following words shall be added to said section, to- 
wit: " But when an attempt i- made to remove a county seat to a point nearer to the center of a 
county, then a majority vote only shall be necessary." If the foregoing proposition shall not receive 
a majority of the votes as aforesaid, then the same shall have no effect whatever. 

Sec. 13. Immediately after the adoption of this Constitution, the Governor and Secretary of State 
shall proceed to ascertain and fix the apportionment of the state for members of the first house of 
representatives under this Constitution. The apportionment shall be based upon the federal census 
of the year A. D. 1870, of the state of Illinois, and shall be made strictly iu accordance with the rules 
and principles announced in the article on the legislative department of this Constitution : Provided, 
that in ease the federal census aforesaid cannot be ascertained prior to Friday, the 23rd day of Sep- 
A. L». 1870, then the said apportionment shall be based upon the state census of the year A. D. 
1865. in ace. rdance with the rules and principles aforesaid. The Governor shall, on or before 
- lay, the 28th day of September, A. D. 1870, make official announcement of the said appor- 
tionment, under the great seal of the state, and one hundred copies thereof, duly certified, shall be 
forthwith tmn-tnitted by the Secretary of State to each county clerk for distribution. 

Sec. 14. The districts shall be regularly numbered by the Secretary of State, commencing with 
Alexander county as No. 1, and proceeding thence northwardly through the state, aud terminating 
with the county of Cook ; but no county shall be numbered as more than one district, except the 
county of Cook, which shall constitute three districts, each embracing the territory contained in the 
now exis ing representative districts of said county. And on the Tuesday after the first Monday in 
November, A. D. 1870, the members of the first house of representatives under this Constitution 
shall be elected according to the apportionment fixed and announced as aforesaid, and shall hold 
their offices for two years, and until their successors shall be elected and qualified. 

1>. The senate, at its first session under this Constitution, shall consist of fifty members, to 
be chosen as follows: At the general election held on the first Tuesday after the first Monday of 
November, A. D. 1870, two senators shall be elected in districts where term of senators expire on 
the first Monday of January. A. D. 1871, or where there shall be a vacancy, and iu the remaining 
districts one senator shall be elected. Senators so elected shall hold their office two years. 

Sec. 16. The Geueral Assembly, at its first session held after the adoption of this Constitution, 
shall proceed to apportion the State for members of the senate and house of representatives, iu 
accordance with the provision-* of the article on the legislative department. 

Sec. 17. When this Constitution shall be ratified by the people, the Governor shall forthwith, after 
having ascertained the fa--t, i-sti" writs of election to the sheriffs of the several counties of this 
state, or in cas« ol vacancies, to the coroners, for the election of all the officers, the time of whose 
election is fixed by this Constitution or schedule, and it shall be the duty ol said Bherifla or coroners 
to give such notice of the time and place of said election as is now prescribed by law. 

Sec. 18. All laws of the state of Illinois, and all official writings, and the executive, legislative and 
judicial proceedings, shall be conducted, preserved and published in no other than the English 
language. 

I !. The General Assembly shall pass all laws necessary to carry into effect the provisions of 
this Constitution. 

-J. The circuit clerkB of the different counties having a population over sixty thousand, shall 
continue to be recorders (ex-ojjicio) for their respective counties, under this Constitution, until thr 
expiration of their respective terms. 



28 



THE NEW CONSTITUTION. 



Sec. 21. The judges of all courts of record in Cook county shall, in lieu of any salary provided for 
in this Constitution, receive the com sensation now provided by law until the adjournmeut of the first 
session of the General Assembly after the adoption, of this Constitution. 

Sec. 22. The present judge of the circuit court of Cook county shall continue to hold the circuit 
court of Lake county until otherwise provided by law. 

Sec. 23. When this Constitution shall be adopted, and take effect as the supreme law of the state 
of Illinois, the two mill tax provided to be annuallj amassed and collected upon each dollar's worth 
of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing 
Constitution, shall cease to be assessed after the year A. D. 1870. 

Sec. 24. Nothing contained in this Constitution shall be so construed as to deprive the General 
Assembly of the power to authorize the city of Quincy to create any indebtedness for railroad 
or municipal purposes for which the people of said city shall have voted, and to which they 
shall have given, by euch vote, their assent prior to the thirteenth day of December, A. D* 1869 : 
Provided, that no such indebtedness so created shall in any part thereof be paid by the state, or 
from any state revenue, tax or fund, but the same shall be paid, if at all, by the said city of Quincy 
alone, and by taxes to be levied upon the taxable property thereof: And provided further, that the 
Geueral Assembly shall have no power in the premises that it could not exercise under the present 
Constitution of this state. 

Sec. 25. In case this Constitution and the articles and sections submitted separately, be adopted, 
the existing Constitution shall cease in all its provisions ; and, in case this Constitution be adopted, 
and any one or more of the articles or sections submitted separately, be defeated, the provisions of 
the existing Constitution, if any, on the same subject, shall remain in force. 

Sec. 26. The provisions of this Constitution, required to be executed prior to the adoption or re- 
jection thereof, shall take effect and be in force immediately. 

Done in Convention, at the Capitol, in the city of Springfield, on the 13th day of May, in the year 
of our Lord one thousand eight hundred and seventy, and of the independence of the United States 
of America the ninety-fourth. 

In witness whereof, we have hereunto subscribed our names. 



WILLIAM J. ALLEN, 
JOHN ABBOTT, 
JAMES C. ALLEN, 
ELLIOTT ANTHONY, 
WILLIAM R. ARCHER, 
HENltY I. ATKINS, 
JAMES G. BAYNE, 
R. M. BENJAMIN, 
H. P. H. BROMWELL, 
0. H. BROWNING. 
WILLIAM G. BOWMAN, 
SILAS L. BRYAN, 
H. P. BUXTON, 
DANIEL CAMERON, 
WILLIAM CARY, 
LAWRENCE S. CHURCH 
HIRAM H. CODY, 
W. F. COOLBAUGH, 
ALFRED M. CRAIG, 
ROBERT J. CROSS, 
SAMUEL P. CUMMINGS, 
G. S. ELDRIDGE, 
JAMES W. ENGLISH, 
JOHN DEMENT, 
DAVID ELLIS, 
FERRIS FORM AN, 



CHARLES HITCHCOCK 

JESSE C. FOX, 
MILES A. FULLER, 
JOHN P. GAMBLE, 
ADDISON GOODELL, 
JOHN C. HAINES, 
ELIJAH M. HAINES, 
JOHN W. HANKINS, 
R. P. HANNA, 
JOSEPH HART, 
ABEL HARWOOD, 
MILTON HAY, 
SAMUEL SNOWDON HAYES, 
JESSE S. HILDRUP, 
ROBERT A. KING, 
JAMES McCOY, 
CHARLES E. McDOWELL 
WILLIAM C GOODHUE, 
JOSEPH MEDILL, 
CLIFTON H. MOORE, 
JONATHAN MERRIAM, 
JOSEPH PARKER, 
SAMUEL C. PARKS, 
PELEG S. PERLEY, 
J. S. POAGE, 
EDWARD Y. RICE, 
JAMES P. ROBINSON, 



President. 

LEWIS W. ROSS, 
WILLIAM P. PEIRCE, 
N. J. PILLSBURY, 
JNO. SCHOLFIELD, 
JAMES M. SHARP, 
HENRY SHERRILL, 
WILLIAM H. SNYDER, 
0. C. SKINNER, 
WESTEL W. SEDGWICK, 
CHARLES F. SPRINGER, 
JOHN L. TINCHER, 

C. TRUESDALE, 
HENRY TUBBS, 
THOMAS J. TURNER, 
WILLIAM H. UNDERWOOD, 
WILLIAM L. YANDEVENTEE 
HENRY W. WELLS, 
GEORGE E. WAIT, 
GEORGE W. WALL, 
R. B. SUTHERLAND, 

D. C. WAGNER, 
GEORGE R. WENDLING, 
CHARLES WHEATON, 
L. D. WHITING, 
JOHN H. WILSON, 
ORLANDO H. WRIGHT. 



Attest— 
John Q. Harmon, Secretary. 
Daniel Shepard, 1st Ass't Secretary. 
A. H. Swain, 2nd Ass't Secretary. 



Note. — Wm. H. Patterson, A. G. Kirkpatrick, Charles Emerson, and Henry W. Billings,who were 
members of the convention, died during the session ; and Beverly W. Henry, a member, resigned 
before the session closed. Mr. Gamble was elected in place of Mr. Patterson, Mr. Tubbs was elected 
in place of Mr. Kirkpatrick, and Mr. Forman was elected in place of Mr. Henry. 



ALPHABETICAL INDEX. 



Sec. 


Pff- 


9 


2 


9 


2 


9 


2 


9 


2 


9 


2 


10 


2 


10 


2 



rSED — Iii criminal cases shall have the right A rt. 

To a speedy public trial in the county, etc 2 

To meet witnesses face to face 2 

To have counsel '1 

To have compulsory process for witnesses 2 

Copy of the accusation 2 

Shall not be tried twice for the same offence 2 

Shall not be compelled to give evidence against himself 2 

ACTS OF THE GENERAL ASSEMBLY. See Laws. 

ADJOURNMENT of general assembly — In case of disagreement, 

by governor 5 9 10 

AFFIDAVIT — For warrant, must particularly describe the place 

To be searched, or the person or thiug to be seized 2 

Warrant not to issue without 2 

AGRICULTURAL SOCIETIES — Property of — may be exempted 

from taxation 9 

AMENDMENTS TO THE CONSTITUTION 14 

Convention may be called 14 

General assembly may — by two-thirds vote — proposo 14 

Shall not propose amendments to more than one article at the 

same session 14 

Shall not propose amendments to the same article oftener than 

once in four years 14 

May be proposed in either house, if voted for by two-thirds of 

both houses — may be submitted to the people 14 

AMENDMENTS TO CHARTERS — By special act— (except state 

institutions) prohibited 11 

To bank charters , 11 

APPELLATE COURTS — Inferior — may be created after the year 

1874 G 

To be of uniform organization and jurisdiction 6 

Appeals and writs of error may be taken to G 

Appeals and writs of error from to supreme court 

Judges of circuit courts to hold • 6 

No judge shall review any case decided by him G 

Judge shall receive no additional compensation for holding 6 

APPEALS — May be taken to supreme court 6 

By consent, to any division 6 

APPOINTMENT — Of officers by governor 5 10 10 



6 


2 


6 


2 


3 


18 




24 


1 


24 


2 


25 


2 


25 


2 


25 


2 


25 


1 


21 


6 


22 


11 


13 


11 


13 


11 


13 


11 


13 


11 


13 


11 


13 


11 


13 


8 


13 


8 


13 



30 THE NEW CONSTITUTION. 



Art. Sec. Pg. 

APPORTIONMENT — For the senate, how made 4 6 4 

Of the state for members of senate and house of representa- 
tives Sch. 16 27 

By governor and secretary of state for members at first session.-ScA. 13 27 

APPROPRIATIONS — For new capitol not to exceed $3,500,000 in 

the aggregate, without a vote of the people 4 33 8 

Of money shall not be made in any private law 4 16 6 

Of public money, how made. See 4 16-216,7 

No money to be drawn from state treasurer without — by-law.. 4 17 6 

All shall end — when 4 18 6 

Shall net be made in aid of railroads or canals Sch. 3 25 

Full statement of to be published after each session, etc 4 17 6 

For expenses of government — how made 4 18 6 

Shall not be increased without a two-thirds vote 4 18 6 

For expenses of government — shall not exceed the amount of 

revenue authorized, etc 4 18 6 



ARREST — Members of the general assembly, when privileged 

from 4 14 6 

ASSESSMENT — Of value of property to be taxed 9 1 18 

Of county taxes — not to exceed 75 cents per hundred dollars 

— except, etc 9 8 18 

ASSESSORS — To be elected or appointed in such manner as the 

general assembly shall direct 9 1 18 

ATTORNEY-GENERAL — See Executive Department 5 9 

When to be elected... 5 19 

Shall reside at the seat of government 5 19 

Shall keep the public records there 5 19 

Shall perform such duties as the law prescribes 5 19 

Sha0 hold his office for four years and until his successor is 

elected and qualified 5 19 

AUCTIONEERS — May be taxed 9 1 18 

AUDITOR OF PUBLIC ACCOUNTS — See Executive Department. 5 9 

When to be elected 5 3 9 

Shall reside at the seat of government 5 19 

Shall keep the public records there 5 19 

Shall perform such duties as the law prescribes 5 19 

Shall hold his office for four years and until his successor is 

elected and qualified 5 19 

To publish a full statement of money expended at each session 

of the legislature 4 17 6 

Directors of railroad companies to report to — annually under 

oath 11 9 22 

To compute mileage of members of general assembly 4 21 7 

Salary, etc., of. 5 23 11 

Shall pay fees into state treasury 5 23 11 

AYES AND NOES — Of senators on confirming appointments 5 11 10 

Shall be taken and entered on the journal on the final passage 

of all bills ' • 4 12 5 

Shall be taken separately on the final passage of all bills 4 12 5 

Shall be entered on the journal in the senate at the request of 
any two members — in the house at the request of five 

members 4 10 5 






ALPHABETICAL INDEX. 



31 



Sec. 

ft 


3 


5 


22 


5 


22 


8 


22 


6 


22 


7 


22 


*j 


22 


5 


22 


8 


22 


7 


2 


7 


2 



12 



>4rt. 

BANKS — No state bank shall be created ■.. 11 

Corporations -with banking powers shall not be created without 

a vote of the people 

Charters not amended without a vote of the people 

If created, provisions to be observed concerning bills of issue- 
Stockholders of, personally responsible 

Suspension of specie payments forbidden 

To publish a statement quarterly 

BANKING — Laws shall not authorize without a vote of the people 
Provision concerning 

BAIL — All persons bailable — except, etc 2 

Provisions concerning . 2 

BILL OF RIGHTS 2 

BILLS — May originate in either house, but maybe altered etc., 

by the other 4 

Every bill shall be read at large on three different days, in 

each house, and the bill and all its amendments shall be 

printed before its final passage 4 

No bill shall become a law without the concurrence of a 

majority of all the members elected to each house 4 

No act shall embrace more than one subject, to be expressed in 

the title 4 

Yeas and nays "shall be taken separately on each bill on its 

final passage, and entered on the journal 4 

Having passed both houses it shall be signed by the speakers 

thereof 4 

Every bill passed by the general assembly shall be presented 

to the governor 5 

If the governor approves, he shall sign, and thereupon it shall 

become a law 5 

Must be returned by the governor within ten days — or will 

become a law 5 

Duty of governor in case he objects 5 

BOARD OF COUNTY COMMISSIONERS — To be elected in 

counties not under township organization 10 

To hold office for three years 10 

To transact county business 10 

Of Cook county — fifteen to be elected — ten in Chicago, and 

five from the towns outside the city 10 

May be dispensed with in counties under township organization 10 
Who may be eligible to 6 

BOUNDARIES OF THE STATE 1 

BRIBERY — Oath against 4 

Person guilty of disqualified 4 

Oath against — for members general assembly 4 

Punishment for 4 

BROKERS — May be taxed 9 1 18 

CANAL — Illinois and Michigan shall not be sold or leased without 

a vote of the people Sr.h. 2 25 

CAPITOL — Appropriations for new building not to exceed 

$3,500,000 in the aggregate, without a vote of the people. 4 88 8 



13 


5 


12 


6 


13 


5 


12 


5 


13 


5 


16 


10 


16 


10 


16 


10 


16 


10 


6 


20 


6 


20 


6 


20 


7 


20 


5 


20 


17 


14 


1 


1 


5 


3 


4 


o 


6 


3 


ft 


3 






32 , THE NEW CONSTITUTION. 



Art. Sec. Pg\ 
CAPITAL — Stock of railroads shall not be increased except on 

sixty days' public notice 11 13 23. 

Shall not be increased except for money or property actually 

received 11 13 23 

Any stock or fictitious increase of — to be void 11 13 23 

CAPITAL OFFENCES — Bailable — except, etc 2 7 2 

CEMETERIES — May be exempted from taxation 9 3 18 

CENSUS — Of the United States — to be the basis of representation 

in the senate 4 6 4 

CHARTER — Special shall not be granted 11 1 21 

Existing charters (not in use) declared void 11 2 21 

To corporations — special forbidden 4 22 7 

Of city, etc., by special laws forbidden 4 22 7 

Of corporations, shall not be changed by special laws (except 

state institutions) 11 1 21 

Of Illinois Central railroad — certain provisions in — shall not 

be changed 1 25 

CHARITY — Property used for purposes of, may be exempted from 

taxes 9 3 18 

CHIEF-JUSTICE — Present to continue to act 6 6 13 

Judges of supreme court to choose one 6 6 13 

To preside in cases of impeachment when the governor is tried. 4 24 8 

CHICAGO — See Cook County. 

Superior court to be continued 6 23 15 

Recorder's court to be continued and shall have criminal 

jurisdiction only , 6 26 15 

Justices of the peace in — to be appointed by the governor — 

on recommendation of the judges 6 28 16 

CIRCUITS — How created — of contiguous counties, etc. — not to 

exceed one for every 100,000 population 6 13 13 

One judge to be elected in each , 6 13 13 

New — when may be formed 6 13 13 

May be equalized at first session 6 13 13 

Changes in shall not affect the term of office of the judge .. 6 13 13 

One or more counties having over 50,000 inhabitants, and 
where the business occupies over nine months in a year, 

may be created separate 6 13 13 

CIRCUIT COURTS— Large circuits may be created and four 

judges elected in each 6 15 14 

General assembly shall fix the' time of holding in each county. 6 14 14 

Time of holding shall not be changed — except, etc I 6 14 14 

Election for judges of 6 14 14 

Shall have original jurisdiction in all cases, and such appellate 

jurisdiction as the law confers 6 12 13 

Two or more terms to be held each year in each county 6 12 13 

Judges of, to hold office for six years 6 12 13 

Appeals and writs of error from 6 8 13 

Cook county to be one court 6 23 15 

To fix the number of deputy county officers by rule 10 9 20 

CIRCUIT JUDGES — Of Cook county. &« Cook County 6 23 15 

When to be elected 6 14 14 

To hold for six years 6 14 14. 



ALPHABETICAL INDEX. 33 



3 
6 


2 
2 


3 


3 


22 
12 


7 
19 


2 
4 


25 
21 



CIKCU1T JUDGES — Continued. ArL stc. Pg. 

Salary of 6 16 14 

Who eligible 6 17 14 

CIRCUIT CLERKS — In counties having over 60,000 population 

shall continue to be recorders until their terms expire Sch. 20 27 

CIRCUIT OR SUPERIOR COURT OF COOK COUNTY — May re- 
move Justices in Chicago for any malfeasance 6 28 16 

CITIZEN— Rights and duties of defined 2 

Rights of against unreasonable seizures, etc 2 

CITIZEN OF THE UNITED STATES— Member of general assembly 

must be 4 

CITY — Charter — or amending charter by special law, forbidden 4 

Power to create debts limited 9 

Shall not subscribe — or loan its credit to any private corpora- 
tion 

Street railroad in — consent of local authorities necessary 11 

CIVIL POWER— Military to be subordinate 2 15 2 

CLAIMS AGAINST STATE — On any contract not authorized by 

law, shall be void 4 19 17 

CLERKS — Of all courts of record to receive a fixed salary 10 

Salary must be less than that of the circuit judge 10 

Salary to be paid out of fees of the office actually collected 10 

All fees — over amount of salary to be paid into county treasury.. 10 
Deputies and assistants — number of to be determined by rule 

of* court 10 

Compensation to deputies, etc., to be fixed by county board 10 

CLERK OF SUPREME COURT— One to be elected in each 

division 6 

When to be elected .' 6 

Term of office to be six years 6 

When to enter on duties of office 6 

CLERK OF THE CIRCUIT COURT— To be elected in each county.. 10 

Term of office of four years 10 

To be ex officio recorder of deeds, except in counties having 

over 60.000 population 10 8 20 

CLERK OF THE COUNTY COURT— One to be elected in each 

county — to hold for four years 6 18 14 

CLERKS OF CIRCUIT COURT OF COOK COUNTY — See Cook 

Cou.ntt 6 27 15 

To continue to be ex officio recorders Sch. 20 27 

CLERKS OF COURTS — Vacancies, when less than one year remains, 

to be filled by appointment — by the court 6 32 16 

May be removed' for misdemeanor in office 6 30 16 

COAL MINES— Operatives in, to be protected 4 29 8 

COAL BANK OR COAL YARD— May make track connections with 

any railroad, etc 13 5 24 

COLLECTOR OF PUBLIC MONEY— Failing to account, ineligible 

to hold office 4 4 3 

COMMON CARRIERS — To weigh or measure grain, where shipped, 

and deliver full amount 13 4 24 



9 


20 


9 


20 


9 


20 


9 


20 


9 


20 


9 


20 


10 


13 


10 


13 


10 


13 


10 


13 


8 


20 


8 


20 



84 THE NEW CONSTITUTION. 



Art. Sec. Pg. 
COMPENSATION — Must be made for private property taken or 

damaged for public use 2 13 2 

Ascertained by a jury f 2 13 2 

To public officer — no extra compensation shall be made to 4 19 7 

Of member of general assembly, at first session, $5 per day — 

afterwards to be fixed by law 4 21 7 

Shall not be changed during term of office 4 21 7 

COMPETING LINES OF RAILROAD shall not consolidate. 11 11 22 

CONSTITUTION — Ordained and established (preamble) 1 

When it takes effect Sch. 12 27 

Of 1848, provisions of, etc., when to cease Sch. 25 28 

Effect on existing laws Sch. 1 26 

Effect on existing contracts Sch. 3 26 

Effect on existing courts Sch. 5 26 

Effect on existing officers in office Sch. 6 26 

Effect on existing suits Sch. 1 26 

How submitted to the people Sch. 8 26 

Separate sectioDS to be voted on Sch. 8 26 

Vote on, how returned and counted Sch. 11 27 

Provisions concerning the separate sections Sch. 12 27 

Apportionment of the State under Sch. 13 27 

Apportionment of the State under Sch. 14 27 

Apportionment of the State under Sch. 16 27 

Senate — at first session — under Sch. 15 27 

How amended — Amendments may be proposed by the legisla- 
ture — how 14 2 25 

CONVENTION TO AMEND THE CONSTITUTION — How called...l4 1 24 

/ To consist of double the number of members of the Senate.. .. 14 1 24 

Members of, how elected .' 14 1 24 

Time and place of meeting, etc 14 1 24 

Qualifications and oath 14 1 24 

General provisions 14 1 24 

CONSENT OF THE GOVERNED — All governments derive their 

power from 2 11 

CONSOLIDATION OF COMPETING RAILROADS forbidden 11 11 22 

Public notice of to be given 11 11 22 

CONTEMPT — Each house may punish by imprisonment 4 9 5 

CONTRACTS — Obligation of shall not be impaired 2 14 2 

With the state, members of the general assembly shall not be - 

interested in 4 15 6~ 

Unauthorized by law shall not create any claim against the 

state 4 19 7 

For printing and binding, etc., and for fuel and stationery, 

and distribution of the laws and journal, to be let to the 

lowest bidder 4 25 8 

For state printing, state officers shall not be interested in 4 25 8 

CONTRACTOR — Extra compensation shall not be made to 4 19 7 

CONTESTED ELECTIONS — For officers of the executive depart- 
ment 5 4 9 

CONVICTION — Shall not work a corruption of blood or forfeiture 

of estate 2 11 2 



ALPHABETICAL INDEX. 35 



Art. Sec. Pa. 

COOK COUNTY— COURTS OF 6 23-29 15 

To be one judicial court 6 23 15 

Circuit court shall consist of five judges 6 23 15 

One judge may be added for every 50,000 over and above 

400,000 6 23 16 

Supreme court to be- continued 6 23 15 

Present judges to continue in office 6 23 15 

Judges hereafter elected to hold six years 6 23 15 

Judge having the shortest term, to be chief justice, or two 

having equal time may cast lots 6 24 15 

Salaries of judges G 25 15 

Salary of state attorney 6 25 15 

Salary shall not be changed during term of office , 6 25 15 

Recorder's court to be continued 6 26 15 

Recorder's court to be criminal court of Cook county 6 26 16 

Recorder's court, jurisdiction of. 6 26 15 

Recorder's court, judges to alternate in holding 6 26 15 

Present judge of recorder's court to be continued as a circuit 

judge.." 6 23 15 

All judges to have power of circuit judge 6 26 15 

Clerks of circuit and other courts 6 27 15 

Justices of the peace in Chicago to be appointed by the governor 

on a recommendation of a majority of the judges, 6 28 16 

Salary of judges until fixed by law Sch. 21 28 

Circuit judge of, to hold court in Lake county, until, etc Sch. 22 28 

Fifteen commissioners to be selected to manage 10 7 20 

CORPORATIONS 11 21 

Separately submitted section 25 

Property and franchises of, subject to the right, of eminent 

domain 11 14 23 

Shall not be created by special law 11 1 21 

Charter of — not amended by special law — (state institutions 

excepted)... 11 1 21 

Existing- charters not in use declared void 11 2 21 

General laws for the organization of — shall be passed 11 1 21 

Separately submitted article Sch. 12 27 

CORONER — To be elected in each county 10 8 20 

Term of office of 10 8 20 

Salary to be fixed by law 10 8 20 

CORRUPTION OF BLOOD— No conviction shall work 2 11 2 

COUNTIES 10 19 

Section separately submitted Sch. 12 27 

COUNTY affairs — special laws regulating forbidden 4 22 7 

Business in counties not under township organization 10 6 20 

When may be a senatorial district 4 6 4 

Property of may be exempted from taxation 9 3 18 

Shall not be formed or divided so as to contain less than four 

hundred square miles 10 1 19 

8hall not be divided unless a majority of the legal voters vote 

for the same 10 2 19 

Debts of if county is divided — portion stricken" off to pay its 

share of 10 8 19 

Lines — of new or divided counties 10 1 19 

8hall not be added to without consent of majority of voters 10 3 19 

Having over 60,000, a probate court may be established in 6 20 14 



36 THE NEW CONSTITUTION. 



COUNTY AFFAIRS — Continued. Art ^ Pg 

May be classified in fixing fees of officers 10 12 21 

States attorney to be elected in each, county in the year 1872, 

and every four years thereafter 6 22 15 

Two or more terms of circuit court to be held in each each 

year 6 12 13 

Power to incur debt — limited 9 12 19 

Shall not subscribe to the capital stock of — or loan its credit 

to any private corporation 2 25 

Officers to be elected in 10 8 20 

May adopt township organization by vote 10 5 20 

May discontinue organization by vote 10 5 20 

Members of the general assembly shall not be interested in any 

contract with, etc 4 15 6 

Authorities may fill vacancies in certain offices by appointment 6 32 16 

Authorities to fix the compensation of deputy clerks of courts 10 9 20 
Authorities shall never assess taxes the aggregate of whioh 
shall exceed seventy-five cents on the hundred dollars — 
except for the payment of debts existing at the time of the 
adoption of this constitution — unless authorized by a vote 

of the people 9 8 18 

COUNTY COMMISSIONERS— Who eligible 6 17 14 

How elected 10 6 20 

To transact county business 10 6 20 

Dispensed with in counties which have adopted township 

organization 10 5 20 

COUNTY CLERK — To be elected in each county 10 8 20 

To hold his office for four years, etc 10 8 20 

COUNTY JUDGE — One to be elected in each county 6 18 14 

Term of office shall be four years 6 18 14 

District judges may be elected in place of 6 18 14 

COUNTY OFFICERS — All special laws fixing fees of cease 10 11 21 

And their compensation 10 8-13 20 

Salaries to be fixed by county authorities — rules for fixing 10 10 20 

Shall not be changed during term ofLo.ffi.ce 10 10 20 

County judge, sheriff, clerk — clerk of the circuit court, 
treasurer, surveyor, and coroner to be elected in each 
county, to hold for four years, except treasurer, sheriff, 

and coroner, who shall hold two years 10 8 20 

COUNTY SUPERINTENDENT OF SCHOOLS 8 5 17 

COUNTY SEATS — Removal of 10 4 19 

Three-fifths of the voters of the county must concur in removal 

— except when the removal is toward the centre 10 4 19 

No person shall vote on the question of — unless he has resided 
in the county six months — and election precinct ninety 

days 10 4 19 

Question of removal shall not be submitted to vote oftener than 

once in ten years 10 4 19 

Of divided county 10 1 19 

COUNTY TREASURY — All fees of county officers in excess of 

salaries to be paid into county treasury 10 10 2C 

COURTS — See Judicial Department 6 12 

See Supreme Court 6 1-1012-13 

See Appellate Courts 6 11 13 



ALPHABETICAL INDEX. 37 



COURTS— Continued. Art. Sec Pg. 

See Circuit Courts 6 12 13 

See County Courts 6 18 14 

See Probate Courts 6 20 14 

Justice of the peace 6 21 15 

COURTS OF COOK COUNTY— See Cook County 6 23-29 15 

COURTS — Of same class or grade to have a uniform organization 

and jurisdiction 6 29 16 

Practice of to be uniform — effect of process, judgments and 

decrees to be uniform 6 29 16 

COUNTY COURTS— How organized 18 14 

Jurisdiction of 6 18 14 

Appeals and writs of error from 6 19 14 

Shall be courts of record 6 18 14 

CREDIT — Of the state shall not be loaned to or in aid of any 

association, corporation or individual 4 20 7 

Of municipal corporations shall not be loaned in aid of any- 
private corporation 2 2S 

CRIMINAL PROSECUTIONS— The accused shall have the right — 

To a speedy public trial in the county, etc 2 9 2 

To have counsel to defend him 2 9 2 

To meet witnesses face to face 2 9 2 

To have compulsory process for witnesses 2 9 2 

Copy of accusation against him 2 9 2 

To a trial by jury 2 9 2 

Shall not be tried twice for same offence 2 10 2 

Shall not be compelled to give evidence against himself 2 10 2 

CRIMINAL OFFENCES— No person shall be held to answer for, 

unless on indictments — except in cases, etc 2 8 2 

CRIME — Person guilty of infamous, ineligible to office 4 4 3 

DAMAGE — To private property for public use — how ascertained... 2 13 2 

DEBT — State debt — provisions for a vote of the people, to increase 

over $250,000 4 18 6 

State shall never assume or pay the debts of any association, 

corporation or individual 4 20 7 

State may contract for, etc — never to exceed $250.000 — except 

by vote of the people — unless to repel invasion 4 18 6 

Due the state — the legislature shall have no power to release.. 4 23 8 

Of municipal corporation — no county, city, etc., allowed to 
become indebted (including existing debts) exceeding five 

per centum on the value of property 9 12 19 

Imprisonment for — provisions concerning 2 12 2 

DEFAULTER — To municipal corporation not eligible to office under 9 11 19 

Of public money, ineligible to office 4 4 3 

DEFENDANT — State shall not be in any suit in criminal prosecu- 
tions 4 26 8 

Rights of, to bail 2 7 2 

Rights of, to speedy and impartial trial 2 9 2 

To have copy of indictment 2 9 2 

To have witnesses 2 9 2 

To meet the witnesses against him 2 9 2 

Shall not be tried twice for same offence 2 10 2 

.Shall not be compelled to testify against himself 2 10 2 



38 THE NEW CONSTITUTION. 



Art. Sec. Pg. 

DEFINITIONS— Population defined 6 33 lfr 

Office defined 5 24 11 

DEPUTY COUNTY OFFICERS— number of, to be fixed by rule of 

circuit court 10 9 20 

Compensation of, fixed by county authorities 10 9 20 

DESCENT— Special laws changing, forbidden 4 22 7 

DIRECTORS — Of incorporated companies, how elected 11 3 21 

Of railroads incorporated in this state, majority to reside here 11 II 22 

DISTRIBUTION— Of the powers of government 3 13 

Of laws and journals to be let to the lowest bidder 4 25 8 

Governor to approve contract 4 25 8 

Officers of state jmust not be interested in 4 25 8 

Of votes, at elections, for representatives under minority 

representation 4 7 4 

DISTRICTS— Senatorial, how made 4 6 4 

Courts may be created in place of county courts 6 18 14 

DIVORCES— Special laws granting, forbidden 4 22 7 

DIVIDENDS— Of stock by railroad companies declared void 11 13 23 

DRAINS — Across the lands of others — permitted for agricultural 

or sanitary purposes 4 31 8 

DUTIES — Of citizens — acts of licentiousness not excused 2 3 2 

DUE PROCESS OF LAW— No person to be deprived of life, liberty 

or property without 2 2 1 

EDUCATION 8 17 

All children may receive 8 1 17 

Donations or grants in aid of shall be faithfully applied 8 2 17 

Public funds shall not be applied to aid any sectarian purpose 8 3 17 
County superintendent of schools elected — term of office and 

duties to be prescribed by law 8 6 17 

ELECTIONS — All votes shall be by ballot 7 2 17 

All elections shall be free and equal 2 18 2 

Special laws concerning forbidden 4 22 7 

Shali be held — at such places and in such manner as may be 

prescribed by law 5 3 9 

Of officers of the executive department 5 3 9 

In case of tie general assembly shall choose 5 4 9 

Of member of the house at first session Sch. 14 27 

Of member of the house of representatives in the year 1872, 

and afterwards — how conducted 4 7->-8 4 

Election for members of the general assembly shall be held 

on, etc 4 2 3 

To fill vacancy in member of general assembly 4 2 3 

Of county officers 10 8 20 

Of clerks of supreme court, when and how 6 10 13 

Of directors of incorporated companies 11 3 21 

Of judges of supreme court 6 6 13 

In 2nd, 3rd, 6th and 7th district Sch. 7 26 

In 2nd, 3rd, 6th and 7th districts 6 6 13 

Of judges of circuit court, large circuits may be created — and 

four judges elected in each 6 15 14 

Of judges of circuit court — held on 1st Monday in June, 1873, 

and every six years thereafter = •• 6 14 14 



ALPHABETICAL INDEX. 



39 



ELECTIONS — Contin ued. ,1 rt . See. Pg . 

Of probate judge — may be provided for fi 20 14 

Contested, in ease of — officers of executive department 5 4 9 

For states attorneys 6 22 15 

Returns — of officers of the executive department shall be 
opened by the speaker of the house of representatives — 

in the presence of a majority of both houses 5 4 9 

Returns — of officers of executive department, to be trans- 
mitted to secretary of state, directed to the "Speaker oi 

the House of Representatives "' 5 4 9 

ELECTORS — Every person who has resided in this state one year 
— in the county ninety days, in the election district 
thirty days, who was an elector April 1st, 1848. Or, who 
has obtained a certificate of naturalization before a court 
of record in this state prior to January 1st, 1870. Or, 
who shall be a male citizen of the United States above the 
age of twenty-one years, shall be entitled to vote 7 117 

Privileges and exemptions of 7 3 17 

Residence not lost by absence on business of United States, or 

of this state 7 4 17 

Soldier or seaman stationed in this state — does not gain resi- 
dence 7 5 17 

Persons convicted of infamous crimes excluded 7 7 17 

ELIGIBILITY to office — No person eligible to any office in this 
state who is not a citizen of the United States, and resided 

in the state one year next preceding his election 7 H 17 

To office in executive department 5 5 9 

Of members of general assembly 4 3 3 

Of members of general assembly 4 4 3 

Of members of general assembly 4 5 3 

To offices of circuit judge — or judge of inferior court — or 

board of commissioners 6 17 14 



EMINENT DOMAIN — Provisions concerning 2 13 

Right of shall not be abridged 11 14 

Trial by jury in all cases involving, etc 11 14 

Private roads may be established 4 30 

Drains across the lands of others permitted 4 31 

ENGLISH LANGUAGE — All laws and official writings, and all 

executive, legislative and judicial proceedings to be in.. ..Sch. 



2 
23 
23 



18 27 



EXECUTIVE DEPARTMENT— 5 9 

How organized 5 1 9 

Independent of the others 3 1 3 

Eligibility to office in 5 5 9 

Officers of, except the treasurer, shall hold their offices for four 

years, and until their successors are elected and qualified. 5 1-3 9 
Officers of shall (except the lieutenant governor) reside at the 

seat of government 5 19 

Officers shall keep public record books and papers at seat of 

government, and perform such duties as the law prescribed 5 1 9 
Fees and salaries of officers to be fixed by law, and not changed 

during official term 5 23 11 

In case of a tie in election of officers, general assembly shal' 

choose by joint ballot (See Governor) 5 4 9 

EXECUTION— Movable property of, railroad liable to 11 10 22 



40 THE NEW CONSTITUTION. 



Art. Sec. ifc. 
EXEMPTION — Liberal homestead and exemption laws shall be 

4 32 8 



EX POST FACTO LAWS — Shall not be passed 2 14 2 

EXPENSES OF THE STATE — Funds from the Illinois Central 

railroad applied to 1 25 

Appropriations for — how to be made 4 18 6 

Shall not be increased without two-thirds vote 4 18 6 

Appropriations for shall not exceed the revenue 4 18 6 

For printing, etc., for state, how provided for 4 25 8 

EXPULSION — Of a member of the general assembly, two-thirds 
necessary. No member shall be twice expelled for same 

offense 4 9 5 

EXPENDITURES — Of public money, full statement of to be pub- 
lished after each session of the legislature 4 17 6 

EXPRESS COMPANY —Interests or business may be taxed 9 1 18 

EXTRA SESSION OF THE GENERAL ASSEMBLY — Governor 

may convene by his proclamation 5 8 10 

General assembly shall transact no business except that for 

which they were called together 5 8 10 

EXTRA COMPENSATION — To public officer, servant or contrac- 
tor, not allowed 4 19 7 

FEES— General assembly shall fix fees of all officers 10 12 21 

May classify counties and regulate the fees by classes 10 12 21 

Existing fees may be reduced 10 12 21 

Every person receiving shall report, semi annually, under oath, 

all his fees, etc 10 13 21 

Salaries of county officers fixed by law and paid out of fees col- 
lected 10 9 20 

All over salary payable into the county treasury 10 9 20 

Of county officers provision concerning apply only to officers 

elected under the new constitution 10 11 21 

All laws fixing fees of all officers terminate with the terms of 
those in office at the meeting of the first session of the 

general assembly 10 12 21 

Salary of county officers shall not exceed fees collected 10 10 20 

All excess over salary to be paid into county treasury 10 10 20 

Officers shall not be changed during their term 10 10 21 

Of officers of executive department, hereafter elected, to be 

paid into state treasury 5 23 11 

All established by special law cease 10 11 21 

Special laws, changing or fixing, forbidden 4 22 7 

Of officers of executive department — to be established by law r , 

and not increased or diminished during their term of office 5 23 11 

FEE — Of lands taken for railroads, etc., to remain in the owner, 

subject to use 2 13 2 

FERRIES OR TOLL BRIDGES — Charter to, by special law, for- 
bidden 4 22 7 

May be taxed 9 1 18 

FINES — Special laws, remitting forbidden 4 22 7 

FORFEITURE — Of estate. Conviction shall not work 2 11 2 



ALPHABETICAL INDEX. 41 



Art. Sec. Pg. 
FUEL — For use of state. Contract for furnishing to be let to the 

lowest bidder 4 25 8 

FUNDAMENTAL PRINCIPLES — Frequent recurrence to neces- 
sary 2 20 3 

FRANCHISES — Persons using or owning may be taxed ... 9 1 18 

Of corporations, subject to the right of eminent domain 11 14 23 

Of railroad companies may be forfeited by abuse 11 15 23 

FREIGHTS — Reasonable maximum rates on railroad, to be fixed 

by the general assembly 11 12 23 

GAME — Laws special forbidden 4 22 7 

GENERAL ASSEMBLY — Shall consist of a senate and house of 

representatives 4 13 

Members of, elected by the people 4 13 

Members of. elected every two years 4 2 3 

Time of meeting and rules which govern both houses 4 9 5 

Time of meeting and rules which govern both houses 4 10 5 

First session senate, how organized Sch. 15 27 

Members of house at first session, how elected and term Sc/i. 13 27 

Persons holding certain offices ineligible to membership 4 3 3 

Persons guilty of infamous crimes or defaulters ineligible 4 4 3 

Members of shall not be questioned for any speech, etc 4 14 6 

Members of shall not be interested in any contract with the 

state or any county, etc 4 15 6 

Members of. when exempt from arrest 4 14 6 

What constitutes a quorum 4 9 5 

Each house to make its own rules 4 9 5 

Each house judge of the election of members 4 9 5 

Each house and committee of the whole to keep open doors. 

except when in the opinion of the house the proceedings 

require secrecy 4 10 5 

Each house shall keep a journal of its proceedings, which shall 

be published .' 4 10 5 

General rules for the passage of laws 4 12&13 5 

Two-thirds of all the members required to pass a law over the 

governors veto 5 16 10 

Yeas and nays to be entered on the journal 5 16 10 

Style of laws 4 11 5 

Ayes and nays shall be taken and entered in the journal at the 

request of tn-o members in the senate or five in the house.. 4 10 5 

Bills passed by, to be presented to the governor 5 16 10 

Any two members of either house may ••protest." etc., and 

have their reasons entered on the journal 4 10 5 

Pay of members during first session 4 21 7 

Mileage of members computed by auditor 4 21 7 

Members of, allowed fifty dollars in full for all stationery, etc.. 4 21 7 

Perquisites to prohibited 4 21 7 

Pay and mileage of members to be certified by the speaker of 

the respective houses, entered on the journal and published. 4 21 7 
Bills for the pay of members, etc.. shall not contain other 

provisions../. 4 16 6 

Governor may convene in extra session 5 8 10 

At extra session shall enter on no business except that for 

which they were convened 5 8 10 

Govern*. r may adjourn in case of disagreement 5 9 10 

Vac li'.u- filled 4 2 3 



42 THE NEW CONSTITUTION. 



, GENERAL ASSEMBLY — Continued, Art . Sec Pg. 

May authorize cities, towns, etc., to make local improvements 

by special assessment 9 9 18 

May authorize city of Quincy to issue certain bonds, restric- 
tions on Sch. 24 28 

May, by two-thirds vote, call a convention to amend constitu- 
tion 14 2 25 

May create 'district courts to take place of county courts 6 18 14 

May divide the state into judicial circuits and provide for the 

election of four judges in each 6 15 14 

May exempt property of state, counties, city, agricultural 
societies, schools, religious, cemetery or charitable pur- 
poses from taxation, by general law ,,, 9 3 18 

May exercise the right of eminent domain by taking franchise 

and property of corporate companies 11 14 23 

May provide for the establishment of a probate court in coun- 
ties having over 50,000 population 6 20 14 

May, for cause, etc., remove any judge — three-fourths 

concurring 6 30 16 

May provide penalties for school teachers interested in books, 

or the profits of the sale of books used in their schools 8 4 17 

Two-thirds of both houses may propose amendments to the 
constitution to a vote of the people — shall not propose 
amendments to more than one article at the same session, 
nor to the same article oftener than once in four years 14 

May call a convention to amend the constitution 14 

May tax pedlars, auctioneers, brokers, etc., by general law, 
uniform as to the class on which it operates 9 

Other objects and subjects may be taxed 9 

Warehouse article, — how far a restriction 13 

Majority of all the members elect of both houses shall assemble 
in the hall of the house of representatives to open and 
publish election returns 5 4 9 

Snail apportion the state for members of senate and house of 

representatives Sch. 16 27 

Shall provide by law for reasonable notice of tax sale 9 5 18 

Occupants to be personally served before the time of redemp- 
tion expires 9 5 18 

Shall provide such revenue as may be needful by levying a tax- 
by valuation 9 1 18 

Shall provide for fuel, printing, paper, etc., printing, binding 

,and distributing the laws and journals 4 25 8 

Shall provide for the ordinary and contingent expense of gov- 
ernment by appropriations, etc 4 18 6 

Shall choose officers of executive department in case of tie 5 4 9 

Shall pass all laws necessary to carry into effect the provisions 

of this constitution Sec. 19 27 

Shall pass laws excluding persons convicted of infamous crimes 

from right of suffrage 7 7 17 

Shall pass^general laws for the organization of all corporations 

hereafter to be created 11 1 21 

Shall provide — that in all elections of directors of incorpor- 
ated companies, stockholder may cast as many votes as 
he has shares, multiplied by the number of directors to 

be elected, and may cumulate or divide his vote 11 3 21 

Shall pass laws for the organization of the militia as near in 

conformity with the United States as may be 12 2 23 

Shall provide for the safe keeping of the military banners, 

trophies, and relics of the state 12 5 23 



■2 


25 


1 


24 


1 


18 


2 


18 


6 


24 



ALPHABETICAL INDEX. 43 



GENERAL ASSEMBLY — Continued. Art. Sec. Pg. 

Shall provide a general township organization law, under which 

counties may organize 10 5 20 

Shall provide a thorough system of free schools 8 1 17 

Shall provide laws regulating the application for pardons 5 13 10 

Shall provide time of holding courts in each county ti 14 14 

Shall pass laws to protect miners 4 29 8 

Shall by general uniform law — fix the fees of all state, county 

and township officers — may classify counties > 10 12 21 

Shall pass laws to corect abuses by railroad companies 11 15 23 

May enforce such laws by a forfeiture of property and fran- 
chises 11 15 23 

Shall pass laws enforcing the provisions concerning railroad... II 9 22 

Shall pass laws fixing maximum rates of railroad tolls 11 12 23 

Shall pass laws for the inspection of grain, for the protection 

of producers, shippers, etc 13 7 24 

Shall pass laws to prevent the issue of false or fraudulent 

warehouse receipts 13 6 24 

Shall protect producers and shippers of grain 13 6 24 

Shall not change the time of holding court, except at the ses- 
sion next preceding election of judges 6 14 14 

Shall not change the boundaries of circuits — or create new — 

except at the session next preceding the election of judges b' 13 13 

Shall not impose taxes on municipal corporations for corporate 
purposes : but all taxable property within any municipal 
corporation shall be taxed — for the payment of debts 
contracted lawfully — such taxes shall be uniform 9 10 19 

Shall not release or discharge, any county, city, township, 
town or district, or the inhabitants or property, from their 
proportion of taxes levied for state purposes — nor shall 
commutation for such taxes be authorized in any form 9 6 18 

Shall not lend the credit of the state in aid of railroads or 
canals ..«.. , Sch. 

Shall not make appropriations in aid of railroads or canals Sch. 

Shall not release or modify the obligations of Illinois Central 
Railroad — under their charter Sch. 

Shall not pass any law exempting movable property of railroads 
from sale on execution 11 

Shall not grant right to lay street railroad without consent of 
local authorities 11 

Shall not authorize banking corporations without a vote of the 
people 11 

Shall not make any appropriation from public funds or grant 
any public property in aid of any sectarian school or 
purpose 8 

Shall not change the salaries of supreme judges during the 
term for which they are elected 6 

Shall not change the salaries of circuit judges during the term 
for which they were elected 6 

Shall not appoint or elect any officer 5 

Shall not pass any law to extend the term of any officer after 
his election 4 

Shall have no power to release debts due the state, or to any 
municipal corporation therein 4 

Shall never grant extra compensation to any public officer, ser- 
vant, agent or contractor 4 

Shall not pass any ex post facto law 2 

Shall not make any irrevocable grant of special privileges 2 



3 
3 


25 
25 


1 


25 


10 


22 


4 


21 


5 


22 


3 


17 


7 


13 


16 
10 


14 
10 


28 


8 


23 


8 


19 
14 
14 


7 
2 
2 



44 THE NEW CONSTITUTION. 



GENERAL ASSEMBLY — Continued. Art . Sec. Fg. 
Shall not increase appropriations for government expense with- 
out a two-thirds vote 4 18 6 

Shall not authorize the payment of claims against the state on 

any contract unauthorized by law 4 19 7 

GIET ENTERPRISES and lotteries shall he prohibited by law 4 27 & 

Tickets, sale of, to be prohibited in the state 4 27 8 

GOVERNMENT — A more perfect form, etc., (Preamble) 9 1 

Powers of, how distributed ,..*. : 3 13 

Just powers of, how derived 2 12 

For what purpose instituted 2 12 

Expenses of, how provided for 4 18 6 

Shall not exceed the amount of revenue 4 18 6 

GOVERNOR — See executive department 5 19 

To be elected first Monday in November, 1872, and every four 

years thereafter 5 3 9 

To reside at the seat of government 5 19 

To keep the public records there 5 19 

To perform such duties as shall be prescribed by law 5 19 

To hold his office for four years and until his successor is 

elected and qualified 5 19 

Supreme executive power vested in 5 6 9 

Duties of 5 6&7 9 

Messages to general assembly 5 7 9 

Shall account to general assembly for fund subject to his 

order 5 7 9 

To present an estimate of revenue to be raised by taxation 5 7 9 

Shall be commander-in-chief of the military, etc 5 14 10 

In case of death or other disability, the power, etc., to devolve 

on the lieutenant governor 5 17 10 

With consent, of the senate, appoint officers whose appoint- 
ment or election is not otherwise provided for 5 10 10 

To appoint person to fill vacancy in office 11 lfl 

Shall not nominate to office any person who has been once re- 
jected by the senate 5 11 10 

May remove any officer he has appointed, in case of incom- 
petency, etc 5 12 10 

All bills passed by the general assembly shall be presented to 

the governor 5 16 10 

He may approve and sign, or may disapprove and veto 5 16 10 

Duty of governor in such cases 5 16 10, 

To return bills presented to him by the general assembly, 

within ten days, or it shall become a law 5 16 10 

In case of adjournment, bills with his objections to be filed in 
office of secretary of state, within ten days after or become 

a law 5 16 10 

May adjourn general assembly in case of disagreement, on cer- 
tificate of the house first moving 5 9 10 

To commission all militia officers 12 3 23 

To issue writs of election to fill vacancies in general assembly. 4 2 3 
To approve the contract for state printing, or the contract to 

be re-let 4 25 8 

May call extra sessions of the general assembly 5 8 10 

To transmit reports of state officers to general assembly 5 21 11 

Shall not appoint to office, during the recess of the senate, any 

person whom the senate has rejected for that office 5 11 10 



ALPHABETICAL INDEX. 45 



GOVERNOR - Continued. ArU &c . Fg . 
May grant pardons, etc.. subject to such regulations, as to ap- 
plications, as may be provided by law 5 13 10 

Reports by state officers to be made to, under oath 5 21 11 

Judges of supreme court to report to — defects in the laws and 

constitution, with forms of bills to cure them 6 31 11 

To transmit these reports to general assembly 5 21 11 

Governor to transmit these reports to general assembly 5 21 11 

May require information, under oath, from state officers 5 21 11 

May require the treasurer to give additional security 5 2 9 

May be impeached for any misdemeanor in office 5 15 10 

N\ hen impeached, chief justice shall preside 4 24 8 

And secretary of state to apportion the state for members of 

general assembly Sch. 13 27 

Districts, how numbered by Sch. 14 27 

GRAND JURY — May be abolished by law 282 

GRANTS — Of special privileges may be revoked 2 14 2 

GROCERY KEEPERS — May be taxed 9 1 18 

HABEAS CORPUS — The writ of — shall not be suspended —un- 
less, etc 2 7 2 

HIGHWAYS — Railroads declared to be 11 12 23 

HOMESTEAD — Liberal homestead and exemption laws shall be 

passed 4 32 8 

HOUSE OF REPRESENTATIVES — Members of to be elected by 

the people 4 13 

Shall consist of three times as many members as the senate 4 7-8 4 

Members of — how elected 4 7-8 4 

Minority representation 4 7-8 4 

Term of office of members of to be two years 4 7-8 4 

Temporary presiding officer to be chosen 4 9 5 

How organized 4 9 5 

Secretary of state to call to order 4 9 5 

To choose its own officers 4 9 5 

To keep open doors, except when secrecy is required 4 10 5 

Shall have sole power of impeachment 4 24 8 

Majority of all members elect must concur in cases of impeach- 
ment 4 24 8 

Yeas and nays, to be taken and entered on the journal at the 

request of five members 4 10 5 

HOUSES, etc., secure against unreasonable seizures and searches... 2 6 2 

ILLINOIS CENTRAL RAILROAD— Section separately submitted. Sch. 12 27 
Rights of the state under the charter shall not be released or 

changed 1 25 

Obligations to pay money in lieu of tax shall not be released or 

modified 1 25 

Money derived from — shall be applied to ordinary expenses of 

state government 1 25 

INALIENABLE RIGHTS— Life and liberty— among 2 11 

INHERENT RIGHTS — All men have certain 1 2 1 

INJURY — Laws should contain a certain remedy for all 2 19 3 

INNKEEPERS may be taxed 9 1 " 1& 



46 THE NEW CONSTITUTION. 



Art. Sec. Pg. 

INDICTMENT— In what cases not necessary 2 8 2 

No person shall be.held to answer, etc., unless on 2 8 2 

Accused to have a copy of 2 9 2 

INDIANA LINE —One of the boundaries of the state.... Ill 

IMPRISONMENT — Each house may punish for contempt, by 4 9 5 

Not to exceed twenty-four hours, unless the contempt is per- 
sisted in 4 9 5 

For debt — Provisions concerning 2 12 2 

IMPEACHMENTS — Shall be tried by the senate 4 24 8 

In cases of, senators shall be on oath 4 24 8 

Chief justice to preside when the governor is to be tried 4 24 8 

House of representatives shall have sole power of 4 24 8 

Majority of all members elect must concur in 4 24 8 

Governor and all civil officers may be impeached for misde- 
meanor in office 5 15 10 

Two-thirds of the senators elected necessary to convict 4 24 8 

Judgment in cases of -. 4 24 8 

Conviction shall not bar trial and punishment according to law 4 24 8 

INSPECTION of grain— laws for, shall be passed 13 7 24 

INSURANCE companies interests or business may be taxed 9 1 18 

INTEREST on the debt of municipal corporations must be provided 

for 9 12 19 

Special laws regulating forbidden 4 22 7 

JEOPARDY — No person shall be, twice for the same offence 2 10 2 

JOINT BALLOT for officers of executive department in case of tie.. 5 4 9 

JOINT RESOLUTIONS — Public money shall not be diverted from 

any appropriatiou by any 4 17 6 

JOURNAL — Each house of the general assembly shall keep — aud 

publish 4 10 5 

JUDGES — May be removed by general assembly for cause, three- 
fourths concurring 6 30 16 

JUDGES OF SUPREME COURT — how elected and when 6 6 13 

To hold their office for nine years 6 6 13 

Eligibility to the office 6 3 12 

One of to be chief-justice 8 2 12 

Four to constitute a quorum 6 2 12 

Four must concur in every decision 6 2 12 

Tenure of office not affected by'change in the district 6 5 12 

Elected in 2nd, 3rd, 6th and 7th districts Sck. 7 26 

Vacancies in office where the unexpired term exceeds one year, 
to be filled by election — when less than one year, gover- 
nor to appoint 6 32 16 

To report to the governor each year defects in the laws and 

constitution, with forms of bills to cure such defects 6 31 16 

Reports of, to be transmitted to general assembly 5 21 11 

To appoint clerks to fill vacancies when less than one year re- 
mains 6 32 16 

.Salary of, to be $4,000, until fixed by law 6 7 13 

When fixed, shall not be changed during term of office 6 7 13 

Shall not receive any extra compensation in any form 6 16 14 



ALPHABETICAL INDEX. 



A rt Sec Pq 
JUDGES OF THE CIRCUIT COURT — One to be elected in each 

circuit 6 13 13 

Term of office not affected by change in the circuit 6 13 13 

Who eligible to 6 17 14 

To hold their office for six years- 12 13 

To hold appellate courts 6 11 13 

Shall not sit in review of cases decided by him 6 11 13 

Shall not receive any additional compensation for holding 6 11 13 

Shall report to general assembly the number of days they have 

held courts in the counties 6 31 16 

Salary $3,000 per annum, until otherwise fixed by law G 10 14 

When fixed by law shall not be changed during term of office.. 6 16 14 

Shall not receive any extra pay in any form 16 14 

JUDGES OF INFERIOR COURTS — Who eligible 6 17 14 

To report defects in laws to judges of supreme courts each 

year 6 31 16 

JUDGES IN COOK COUNTY —Salary of, until changed by law.. ..Sch. 21 28 

JUDGMENT — In impeachment cases 4 24 8 

JUDICIAL DEPARTMENT — 6 12 

Independent of the others 3 1 3 

JUDICIAL SYSTEM — To be uniform in all courts of same class... 6 29 16 

JUDICIARY — Supreme court — to consist of seven judges 6 2 12 

One to be chief justice 6 2 12 

Four to constitute a quorum 6 2 12 

Concurrence of four necessary 6 2 12 

Terms of and place of holding 6 4 12 

Jurisdiction of 6 2 12 

Present judges to continue 6 8 13 

Present chief justice to continue 6 6 13 

Appeals and writs of error to 6 8 13 

To appoint a reporter 6 9 13 

Clerk of — his election and duties 6 10 13 

Circuit courts — circuits, how formed 6 13 13 

One circuit for eveiw 100,000 inhabitants in the state 6 13 13 

Time and manner of changing circuits 6 13 13 

Two or more times each year in each county 6 13 13 

When times of holding court may be changed 6 14 14 

Large circuits may be created, with four judges in each 6 15 14 

Jurisdiction of circuit courts 6 12 13 

Judges of — who eligible 6 17 J4 

Election of judges 14 14 

To hold for six years.-. 6 14 14 

Salary of S3, 000 per annum, until fixed by law (5 16 14 

Salary not to be changed during term of office 16 14 

Appellate courts — may be created after the year 1874 6 11 13 

Organization and jurisdiction of 6 11 13 

Circuit, judges to hold 6 11 13 

Appeals to — from circuit courts 6 11 13 

No judge to revise cases decided by him 6 11 13 

County courts — how organized 18 14 

Jurisdiction of (', 18 14 

District courts may be created to take the place of 6 18 14 

Appeal, etc., from 6 19 14 

Judges of. How elected. To hold for four years 6 18 ]4 



48 THE NEW CONSTITUTION. 



JUDICIARY — Continued. - ^ r t. sec. Pg. 
Probate courts — may be established in counties having a popu- 
lation of over 50,000 6 20 14 

Organization and jurisdiction of 6 20 14 

Existing courts to continue until otherwise provided Sch. 5 26 

JUDICIAL DIVISIONS OF THE STATE — State divided in seven 

for the election of judges 6 5 12 

May be changed by law 6 4 12. 

May be changed by law, when 6 5 12 

Rules to govern the change 6 5 12 

Change in shall not effect the tenure of office of any judge 6 5 12 

JUDICIAL CIRCUITS — State, exclusive of counties having 100,000 

population, to be divided into 6 13 13 

JUDICIAL POWERS — Vested in one supreme court, circuit courts, 

county courts, justices of the peace, etc 6 1 12 

JUDICIAL OFFICERS — All to be commissioned by the governor... 6 29 16 

Shall hold their offices until their successors are qualified 6 32 16 

Shall reside in the district or county where elected or appointed 6 32 16 

Term of office 6 32 16 

Vacancies in, where the unexpired term is less than one year, 

to be filled by appointment 6 32 16 

Exceeding one year to be filled by election 6 32 16 

JUDICIAL PROCEEDINGS— To be in the English language Sch. 18 27 

JUGGLERS — May be taxed 9 1 18 

JURISDICTION — Of the state 1 1 1 

Of the state on the Ohio river Ill 

Of supreme courts 6 2 12 

Inferior appellate courts 6 11 13 

Of circuit courts 6 12 13 

Of county courts 6 18 14 

Of probate courts 6 20 14 

Of courts of same class to be uniform 6 29 16 

Of justices of the peace and police magistrates, shall be uniform 6 21 15 

Of existing courts, how affected by this constitution Sch. 5 26 

JURY — Right of trial by, shall remain inviolate 2 5 2 

Grand, may be abolished by law 2 8 2 

Trial by in all cases involving the exercises of eminent domain 

where a corporation is interested 11 14 23 

May be composed of less than twelve before justices 2 5 2 

JUSTICE —Established (Preamble) 1 

Should be administered freely, etc 2 19 3 

JUSTICES of the peace shall be elected in such districts as are or 

may be provided by law 6 21 15 

Jurisdiction of shall be uniform 6 21 15 

Of the peace in Chicago to be appointed by the governor 6 28 16 

May be removed by summary process for malfeasance 6 28 16 

Existing justices to continue to hold their term 6 28 16 

Jury before may be composed of less than twelve men 2 5 2 

JUSTICES AND CONSTABLES — Special laws concerning for- 
bidden ........ 4 22 7 

Kentucky jurisdiction of, on Ohio river Ill 



ALPHABETICAL INDEX. 49 



Art. Sec. Pg. 

LAKE MICHIGAN— One of the boundaries of the state Ill 

LAKE COUNTY — Circuit judge of Cook county to hold circuit 

court in until otherwise provided Sch 22 28 

LANDS — Shall not be sold for taxes but on the judgment of a court 

of record, and by the proper officer 9 4 18 

Sold for taxes, notice of sale to be given 9 6 18 

Occupants to be personally served before the term of redemp- 
tion expires 9 5 18 

Sold for taxes may be redeemed within two years 9 6 18 

LAW — Due process of, no person to be deprived of life, liberty 

or property without, 2 2 1 

LAWS — To be in the English language Sch. 18 27 

Style of 4 11 5 

Should contain certain remedies for all wrongs, etc 2 19 3 

In force at the adoption of this constitution, how affected 

by it Sch. 1 26 

Pas-age of. 4 12-13 6 

No bill shall become a law without a majority of all members 

elect concur 4 12 6 

Shall not embrace more that one subject, to be expressed in the 

title 4 13 5 

Parts of not expressed in title void 4 13 5 

Shall not be amended by reference to title 4 13 5 

When to take effect after passage 4 13 5 

When to take effect in case of emergency 4 13 6 

How revived or amended 4 13 6 

Impairing the obligations of contracts shall not be passed 2 14 2 

Shall not make any irrevocable grant of special privileges 2 14 2 

Expos! facto shall not be passed 2 14 2 

General assembly shall pass all necessary to give effect to the 

provisions of this constitution Sch. 19 27 

Increasing public debt over $250,000 must be submitted to 

vote of the people 4 18 6 

No bill shall become before, being presented to the governor... 5 16 10 

Duty of governor when presented 5 16 10 

Private laws shall not appropriate money out of the treasury... 4 16 6 
Appropriating money to pay state officer shall not contain 

other provisions 4 16 6 

Shall be passed to prohibit the sale of lottery and gift enter- 
prise tickets 4 27 8 

Relating to courts to be uniform- 6 29 16 

LEGISLATIVE DEPARTMENT 4 3 

Power vested in a general assembly, which shall consist of a 

senate and house of representatives 4 13 

Independent of other departments. See General Assembly 3 13 

LIFE — Liberty, etc., inalienable 2 11 

LIBERTY of conscience guaranteed 2 3 1 

Secured to ourselves and posterity (Preamble) 

Of the press guaranteed '. 2 4 2 

LIBEL — In trials for truth a defence — when 2 4 2 






50 THE NEW CONSTITUTION. 



Art. Sec. Pa. 

LIEUTENANT GOVERNOR — See Executive Department 5 9 

To hold his office for four years 5 19 

In case of death, or disability of governor, to discharge the 

duties of that office 5 17 10 

Shall be president of the senate 5 18 11 

Duties of, etc., 5 17-19 10-11 

LICENTIOUSNESS — Acts of not excused 2 3 2 

LIQUOR DEALERS may be taxed 9 1 18 

LOTTERY TICKETS — Sale in the state to be prohibited 4 27 8 

And gift enterprises shall be prohibited by law 4 27 8 

MAJORITY of members elect constitute a quorum 4 9 5 

Of all the members elect to each house must concur in the final 

passage of all bills 4 12 5 

MEMBERS OF THE GENERAL ASSEMBLY elected every two 

years , 4 2 3 

Eligibility 4 3 3 

Privileges and disabilities of 4 14—15 6 

Shall have no interest in contract for state printing 4 25 8 

Shall not be interested in any contract with the state or any 
county, authorized by any law passed while he was a 

member or within one year thereafter 4 15 6 

Pay and mileage of. 4 21 7 

Perquisites to forbidden 4 21 7 

Expulsion of 4 9 5 

Shall not be twice expelled for same offence 4 9 5 

Any five of the " house" or two of the senate may demand the 

yeas and nays and have them entered in the journal 4 10 5 

Must take an oath, form of 4 5 3 

MEN — All have certain inherent rights 2 11 

MERCHANTS may be taxed 9 1 18 

MILEAGE — Of members of general assembly to be computed by 

the auditor.. 4 21 7 

MILITIA 12 23 

MILITARY shall be in subordination to civil power 2 15 2 

Who to consist of 12 1 23 

Officers to be commissioned by the governor 12 3 23 

Laws for the organization, etc., of, shall confine as near as may 

be to the laws of the United States 12 2 23 

And naval forces of the state, governor to command — governor 

may call out to execute the laws, etc., 5 14 10 

Exemption of — from arrest „ . 12 4 23 

Persons having conscientious scruples not compelled in time of 

peace 12 6 23 

Records and banners to be preserved 12 5 23 

MINERS — Laws shall be passed to protect 4 29 8 

MINISTRY —Compulsory support of, not allowed 2 3 2 

MINORITY REPRESENTATION — House of representatives to 
consist of three times the number of members of the 

senate 4 7-8 4 






ALPHABETICAL INDEX. 51 



MINORITY REPRESENTATION — Continued. ArL Se c. Pg. 
Three representatives to be elected in each senatorial district, 
at the general election in 1872, and every two years there- 
alter 4 7-8 4 

Each qualified voter may cast as many votes for one candidate 
as there are representatives to be elected, or may distri- 
bute the same or equal parts thereof, among the candi- 
dates.... 4 7-8 4 

Candidate highest in vote to be declared elected 4 7-8 4 

Separately submitted Sch. 12 27 

Not adopted unless the new constitution Sch. 12 27 

Applied to the election of directors of all incorporated com- 
panies 11 3 21 

MISDEMEANOR in officers — all civil officers may be impeached 

for 5 15 Id 

MISSISSIPPI river one of the boundaries of the state Ill 

MUNICIPAL CORPORATIONS may assess special taxes for local 

improvements 9 18 

Taxes for corporate purposes to be uniform 9 9 18 

All taxable property in shall be taxed for the payment of debts 

contracted under authority of law 9 10 19 

Defaulters to, shall not be eligible to office under 9 11 19 

Private property shall not be taken to pay debts of. 9 10 19 

Fees of officers in shall not be increased during term of office. 9 11 19 
Shall not become indebted in any manner for any purpose to 

exceed five per cent, on the value of property 9 12 19 

Incurring debts shall before so doing provide for the collection 

of direct tax to pay — interest and principal within — 

twenty years 9 12 19 

Debts of, contracted under authority of law — property in — 

shall be taxed to pay 9 10 19 

Subscription to railroad or private corporations — forbidden... 2 26 
May issue bonds in compliance with any vote had prior to the 

adoption of this constitution 9 12 19 

NOTICE of sale for taxes to occupants must be served personally... 9 5 18 

NOMINATION of officers by the governor „ 5 10 10 

OATHS — Or affirmations, not dispensed with 2 3 2 

Of office, who must take 5 25 11 

Form of 5 25 12 

Members of general assembly 4 5 3 

OFFENCES — Criminal — no person shall be held to answer for, 

unless on indictment, except in cases, etc 2 8 2 

OFFICE — Defined 5 24 11 

Eligibility to. No person shall be who is not a citizen of the 
United States, and a resident of this state one year next 

preceding his election or appointment 7 6 17 

Persons guilty of infamous crimes, ineligible to 4 4 3 

Persons holding certain, ineligible to general assembly 4 3 3 

Term of representatives 4 7-8 4 

Term of, shall not be extended by law 4 28 8 

Removal of person appointed to, by the governor 5 10 10 



52 THE NEW CONSTITUTION. 



Art. Sec. Pg. 

OFFICERS — Oath to be taken by , 5 25 11 

Form of 5 25 12 

Compensation of shall not be changed during their term of 

office 10 10 21 

All civil may be impeached for any misdemeanor in office 5 16 10 

Of executive department. Fees and salaries of to be fixed by 

law 5 23 11 

All — laws fixing fees of to terminate — with the terms of those 

in office at the first session of the general assembly 10 12 21 

All receiving fees required to report the same semi-annually, 

under oath, 10 13 21 

Whose election or appointment is not otherwise provided for, 

governor shall appoint, with consent of senate 5 10 10 

Of state, extra compensation shall not be made to 4 19 7 

OPEN DOORS — Each house of the general assembly and commit- 
tees of the whole to keep open doors, except, etc 4 10 5 

OPINIONS — Freedom of guaranteed 2 3 1 

No person shall be denied any right, privilege, or capacity on 

account of his religious opinions 2 3 1 

OHIO RIVER — Jurisdiction of the state on Ill 

One of the boundaries of the state Ill 

PARDONS — Governor may grant, subject to regulations provided 

by law as to the applications for 5 13 10 

PATENTS — Vendors of may be taxed 9 1 18 

PAY — Of members of the general assembly, at first session 4 21 7 

After first session, to be fixed by law 4 21 7 

Shall not be changed during their term of office 4 21 7 

And mileage of members to be certified to by speaker of each 

house, entered on the journals and published 4 21 7 

Of governor and state officers 5 23 11 

Of state officers, laws appropriating shall not contain other 

provisions 4 16 6 

Of judges of supreme court 6 7 13 

Of judges of circuit court 6 16 14 

Of county officers 109-10 20 

PEDDLERS — May be taxed '. 9 1 18 

PENALTIES — Proportioned to the offence 2 11 2 

PEOPLE — Grateful for liberty, etc. (Preamble) 1 

Ordain and establish this constitution (Prea?nble) 1 

Have the right to assemble and consult, and make known their 

opinions ,. 2 17 2 

All process to run in the name of 6 33" 16 

All prosecutions to be carried on in the name and by the au- 
thority of 6 33 16 

Rights of against unreasonable searches, etc 2 6 2 

PERJURY — Person guilty of disqualified... 4 4 3 

Person guilty of disqualified 4 5 3 

PERSON — No person to be deprived of life, liberty, or property 

without due process 2 2 1 

Secure against unreasonable seizures and searches 2 6 2 

Every, ought to find a certain remedy in the law for all wrong. 2 19 3 

Owning or using franchises, may be taxed 9 1 18 



ALPHABETICAL INDEX. 53 



Art. Sec. Pg. 

PERQUISITES — To members of general assembly forbidden 4 21 17 

PETITION — People have the right to 2 17 2 

POPULATION — Meaning of the word 6 33 16 

POWERS OF GOVERNMENT — How derived 2 1 1 

Of government, how divided 3 13 

Of one department shall not be exercised by any other 3 13 

PRESS— Liberty of guaranteed 2 4 2 

PREAMBLE 1 

PRESIDENT OF THE SENATE— Lieut. -government to be 5 18 11 

When a temporary, shall be chosen 4 9 5 

PROCESS OF LAW— No person to be deprived, etc., without 2 2 1 

PROCESS — All process shall run in the name of the people of the state 

of Illinois .' 6 33 16 

PROBATE COURTS — May be established in counties having over 

50,000 population 6 20 14 

Jurisdiction of 6 20 14 

PROBATE JUDGE — Election of may be provided for 6 20 14 

PROBATE MATTERS — County courts have jurisdiction in 6 18 14 

PROTEST — Any two members may, and have their reasons en- 
tered in the journal 4 10 5 

PROCEEDINGS — Of the general assembly shall be kept and pub- 
lished 4 

Shall be in the English language ....Sch. 

PROPERTY — No person to be deprived of without due process of 

law .. 2 

PROBABLE CAUSE — Warrant not to issue without, etc 2 

PROPERTY in warehouses — owner may examine 13 

Statement of, to be posted up 13 

PROSECUTIONS — to be carried on In the name and by the author- 
ity of the people of the state of Illinois, and conclude, against 

the peace and dignity of the same 6 

PRINTING — All bills shall be printed before final passage 4 13 

To be let by contract to lowest bidder 4 25 8 

Maximum price to be fixed 4 25 8 

And binding laws and journals — the general assembly to pro- 
vide for 4 25 8 

PRIVILEGES and disabilities of senators and representatives 4 14-15 6 

PRIVATE LAW shall not contain any appropriation of money out 

of the treasury 4 16 6 

Shall not be passed in certain cases 4 22 7 

PRIVATE ROADS may be established 4 30 8 

PRIVATE PROPERTY — shall no- be taken or'damaged, etc., with- 
out compensation 2 13 2 

PUBLIC ASSEMBLIES — People have a right to meel in 2 it 2 



L0 


5 
27 


2 


1 


6 


2 


3 
2 


24 
23 


J 3 


16 


L3 


6 



54 THE NEW CONSTITUTION. 



PUBLIC INSTITUTIONS — Duties of officers If" 20' n" 

To report to governor 5 21 11 

PUBLIC MONEY and appropriation 4 16-21 6 

Shall never be applied to any sectarian purpose 8 3 17 

Officers of executive department — to 5 20 11 

Keep an account and report to governor 5 21 11 

Governor to account for funds subject to his order 5 7 9 

Full statement of expenditures to be published by auditor 4 17 6 

Shall not be drawn from the treasury except on an appropria- 
tion made by law and auditor's warrant 4 17 6 

Shall not be diverted from any appropriation or fund by any 

joint'or separate resolution 4 17 6 

Records of the state to be kept at the seat of government 5 19 

Records to be kept in the English language Sch. 18 27 

Servant — extra compensation shall not be made to 4 19 7 

PUBLICATION — of the expenditures of public money to be made. 4 17 6 

QUINCY — Provisions concerning bonds to be issued by Sch. 24 28 

QUORUM — Majority of the members elect of each house to consti- 
tute 4 9 5 

RAILROADS to keep a public office in this state 11 9 22 

To keep books open to public — showing amount of stock — 
— names of stockholders and their amounts — amount of 
assets and liabilities ■ — transfers of stock — names and res- 
idence of officers 11 9 22 

Directors to report annually under oath to auditor, as the law 

shall direct 11 9 22 

Public notice of any consolidation of stock to be given 11 11 22 

Maj ority of directors of — to reside in this state 11 11 22 

Stock — fictitious increase of — to be void 11 13 23 

Indebtedness — fictitious increase of — to be void 11 13 23 

Capital stock of — shall not be increased except on sixty days' 

notice 11 13 23 

Shall not issue any stock except for money or property actually 

received 11 13 23 

Stock dividends — void 11 13 23 

Shall not consolidate with any competing line 11 11 22 

Declared to be public highways 11 12 23 

Rolling stock and movable property, personal property — liable 

to execution 11 10 22 

Fee of land taken for track to remain in the o vner 2 13 2 

General Assembly shall pass laws to prevent abuses in taking 

extortionate tolls 11 15 23 

Property and franchise of, may be forfeited — by abuses 11 15 23 

Tolls — Reasonable maximum to be fixed by the legislature 11 12 23 

Track — connections with warehouses, coal banks, or coal 

yards 13 5 24 

Companies to weigh or measure grain when shipped — and 

deliver full amount 13 4 24 

Shall deliver grain at the place of consignment provided it can 

be reached by any track the company can use 13 5 24 

Shall permit connections with their track and any public ware- 
house, or coal bank, or coal yard 13 5 24 

Street — consent of local authorities necessary to lay 11 4 21 

RATIO of representation in the senate 4 6 4 



ALPHABETICAL INDEX. 55 



Art. Sec. Pg. 

REAL ESTATE — how sold for taxes 9 4 18 

May be redeemed from tax sale 9 5 18 

RECORDERS — circuit clerks, in counties having over 60,000 pop- 
ulation to continue to be during their term of office Sch. 20 27 

Of deeds to be elected in counties having over G0,000 popula- 
tion 10 8 20 

Of Cook county, salary to be fixed by law — salary must be 

less than judge of circuit court 10 9 20 

RECORDERS' COURT of Chicago — see Cook county. 

REJECTION BY THE SENATE — Person rejected by the senate 
shall not be nominated again at that session, or appointed 

during the recess ?. 5 11 10 

REDEMPTION FROM TAX SALES — Right shall exist for two 

years 9 5 18 

RELIGIOUS property, for exclusively, may be exempted from tax- 
ation 9 3 18 

No discriminations in, allowed by law 2 3 2 

Freedom guaranteed 2 3 1 

REMOVAL FROM OFFICE — Judgment in impeachment shall not 

go further 4 24 8 

Governor may remove any person appointed to office, for incom- 
petency, etc., and may fill the vacancy 5 12 10 

Justices of the peace in Chicago may be removed for mal- 
feasance 6 

Of judges by general assembly 6 

Offices of the judicially other than judges 6 

REPRESENTATIVES — Three to be elected in each senatorial 

district 4 7-i 

Qualifications of > 4 3 

Must be twenty-one years of age 4 3 

Resident of the district, etc 4 

Citizen of the United States 4 

Residence in this state 4 

Oath to be taken by 4 

Shall not receive any appointment in the state 4 

Shall not be questioned for speech, etc 4 

Shall not be interested in any contract with the state or any 

county, etc 4 

Privilege from arrest, when, etc 4 

REPORTS — Of state officers to the governor under oath 5 

All officers receiving to report semi-annually under oath 10 

REPORTER — Supreme court to appoint one 6 

Shall hold his office six years G 

May be removed G 

RESOLUTIONS — Public money shall not be diverted from any 

appropriation by any j oint or separate, etc 4 

REVENUE 9 

Governor to present an estimate of amount to be raised 6 

General assembly to provide, by tax 9 

Every person to pay in proportion to the valuation of his or 

her property 9 

Special occupations enumerated may be taxed 9 



28 


16 


30 


16 


30 


16 



3 


3 


3 


3 


3 


3 


5 


3 


15 


6 


14 


6 


15 


6 


14 


6 


21 


11 


13 


21 


'J 


13 


9 


13 


9 


13 


17 


6 




18 


7 


9 


1 


18 


1 


18 


1 


18 



56 THE NEW CONSTITUTION. 



REVENUE — Continued. Art . &c Pg , 
Property of the state and of municipal corporations may be 

exempt 9 3 18 

School and other property which may be exempt 9 3 18 

Assessments, how made 9 1 18 

Sales for taxes, how made 9 4 18 

Notice of sales, how given 9 5 18 

Redemption from tax sales 9 5 18 

Taxes shall not be released or commuted 9 6 18 

Taxes for state purposes shall be paid into the state treasury... 9 6 18 
Counties shall not assess to exceed .75 on the $100, except to 

pay existing debts, witout rate 9 8 18 

Corporate authorites may be vested with power to tax, by 

special assessment, when, etc 9 9 18 

Taxes to be uniform 9 1 18 

Taxes to be uniform 9 9 18 

Expenses of government shall not exceed 4 18 6 

ROADS OR PUBLIC EASEMENTS — Depreciation occasioned by 

may be deducted from valuation 9 3 18 

ROADS — Private, connected with public, may be established 4 30 8 

Special laws changing forbidden 4 22 7 



RULES — Each house to determine its own 4 9 



9 



SALARIES of governor and state officers 5 23 11 

Of judges of supreme court to be fixed by law 6 7 13 

Until fixed— $4,000, payable quarterly 6 7 13 

Shall not be changed during term of office 6 7 13 

Of judges of circuit, $3,000 until fixed by law — shall not be 

changed during term of office 6 16 14 

Of clerks of courts — to be fixed by law 10 9 20 

To be less than judge of circuit court 10 9 29 

To be paid only out of fees collected 10 9 20 

Of deputies to be fixed by county board 10 9 20 

Of treasurer, sheriff and coroner, shall be fixed by law 10 9 20 

Must be less than judge of circuit court 10 9 20 

Payable only out of fees collected 10 9 20 

All fees over salary payable into the county treasury 10 9 20 

Of county officers — provisions concerning, apply only to offi- 
cers elected after the adoption of this constitution 10 11 21 

Of county officers — to be fixed by county authorities — rules 

for fixing 10 10 20 

Shall not be changed during term of office 10 10 20 

Officer shall not be changed during his term of office 10 10 21 

Law making appropriation for state officers shall not contain 

other provisions... 4 16 6 

SALES for taxes — how made 9 4 18 

Notice by publication 9 5 18 

Personal notice to occupants 9 5 18 

SCHEDULE 26 

SCHOOL FUND — or property — all to be faithfully applied to the 

purposes for which it is granted 8 2 17 

SCHOOLS — Property of, may be exempt from taxes 9 3 18 

•SEARCHES — unreasonable, not allowed 2 6 2 



ALPHABETICAL INDEX. 57 



Art. Sec. Pg. 
SEARCH WARRANTS — Not to issue without probable cause sup- 
ported by affidavit 2 6 2 

Affidavit for must particularly describe the place to be searched 2 6 2 

SECRETARY OF STATE shall reside at the seat of government.... 6 19 
Shall keep records, books and papers, and perform such duties 

as may be prescribed by law 5 19 

When to be elected 5 3 9 

To hold his office for four years 5 1-3 9 

To keep the seal of state 5 22 11 

■all the house of representatives to order, and preside until 4 9 5 

SEAL of state to be kept by secretary 5 22 11 

SECTIONS separately submitted on Illinois Central Railroad 1 25 

On municipal subscriptions to railroads 2 25 

On canals. ...a 3 25 

SEIZURES — Unreasonable not allowed 2 6 2 

SENATE — Members of to be elected by the people 4 13 

Ratio of representation in 4 6 4 

"When to choose a temporary president 4 9 5 

To choose its own officers 4 9 5 

To keep open doors except when the proceedings require secrecy 4 10 5 

Shall choose a president pro tern — when 5 18 11 

All impeachments shall be tried by 4 24 8 

At first session under new constitution Sch. 15 27 

SENATOR — shall not receive any appointment in the state 4 16 

Oath to be taken by 4 5 3 

Exempt from arrest when, etc 4 14 6 

Shall not be called in question for any speech, etc 4 14 6 

Shall not be interested in any contract with the state — or with 

any county, etc 4 15 6 

A majority elected must concur by ayes and nays in appoint- 
ment of officers by the governor 5 10 10 

Any two may demand the ayes and nays, and have them en- 
tered in the journal 4 10 5 

Term of office of 4 6 6 

Special provisions for first session 4 6 6 

How elected 4 6 6 

At first session, under the new constitution Sch. 15 27 

Qualifications of 4 3 4 

Must be twenty-five years of age 4 3 4 

Must be a citizen of the United States 4 3 4 

Must have been a resident of the state five years 4 3 4 

Must have resided two years next preceding his election in the 

district where he is elected 4 3 4 

SENATORIAL — Apportionment 4 6 6 

Districts, how formed 4 6 6 

Districts, three representatives to be elected in each 4 7-8 4 

SESSION'S — Of the general assembly. Time for meeting 4 9 5 

SHERIFF — To be elected in each county 10 8 20 

SHOWMEN — May be taxed 9 1 18 

SOLDIER — Shall not be quartered in any house, etc 2 16 3 



4 


6 


22 


7 


9 


18 


11 


21 


7 


22 


4 


2 



58 THE NEW CONSTITUTION. 



Art. 

SPEAKER OF THE HOUSE OF REPRESENTATIVES — Shall, at 
once, after the organization, open and publish election re- 
turns in the presence of a majority of each house 5 

SPECIAL LEGISLATION— Prohibited 4 

SPECIAL ASSESSMENT in cities, towns and villages, for local 

purposes 9 

SPECIAL LAWS concerning fees of county officers to cease opera- 
tion 10 

SPECIE PAYMENT — Suspension of by banks created by state laws 

forbidden 11 

SPEECH— Freedom of, guaranteed 2 

STATIONERY — To members of the general assembly, fifty dollars 

in lieu of, etc « 4 21 

STATE OF ILLINOIS Constitution of established 

Boundaries of 1 

Jurisdiction of 1 

STATE — No person shall be transported out, of for offence commit- 
ted within 2 

Official language of — English Sch. 

Great seal of to be kept by secretary of state 5 

Shall never loan its credit to or in aid of any association, cor- 
poration or individual 4 

Shall never assume the debts of any association, corporation, 

or individual 4 

To be divided into fifty-one senatorial districts 4 

Exclusive of counties having 100,000, to be divided into judicial 

circuits 6 

Shall never be defendant in any court 4 

Money derived from Illinois Central Railroad shall be applied to 

ordinary expenses of state government 

Bank shall not be created 11 

Shall not be interested in any bank 11 

Debt, unless authorized by vote of the people — shall not ex- 
ceed $250,000 — may be created to repel invasion 4 

Law to increase — how submitted to vote of the people 4 

Provisions concerning 4 

Debts due — the legislature shall not relinquish 4 

Property of may be exempt from taxes 9 

Lien of, on the income or right to tax the Illinois Central rail- 
road, shall not be released 

Compensation when state takes or injures private property 2 

Capitol — appropriations for new — shall not exceed $3,500,000 

in the aggregate — without a vote of the people 4 33 8 

STATE INSTITUTIONS— Officers of to report to governor under 

oath 5 21 11 

STATES ATTORNEY — In the year 1872, one shall be elected in 

each county to hold for four years 6 22 15 

STATE OFFICERS— Duties of..... 

Secretary of state 5 

Auditor of public accounts 5 

Attorney general 5 

Superintendent of public instruction 5 





1 


1 


1 


1 


1 


11 


2 


18 


27 


22 


11 


20 


7 


20 


7 


6 


4 


13 


13 


26 


8 


1 


25 


5 


22 


5 


22 


18 


6 


18 


6 


18 


6 


23 


8 


3 


18 


1 


25 


13 


2 



20 


11 


20 


11 


20 


11 


20 


11 



ALPHABETICAL INDEX. 59 



STATE OFFICERS— Continued. ArL SeCm Fg , 

To keep accounts of money o i>0 11 

To report to governor under oath 5 20 11 

To report to governor under oath 5 21 11 

Shall have no interest in contract for state printing 4 25 8 

Laws appropriating pay of, shall not contain other provisions.. 11 1G 6 

STATE TAXES — Shall be paid into state treasury 9 7 18 

No county, city, town or district, or the inhabitants or the 
property therein, shall ever be released from their pro- 
portion of state taxes 9 6 18 

STOCK OF COMPETING RAILROADS —Shall not be consolidated 11 11 22 

STOCK OF RAILROADS — Shall not be increased, except on pub- 
lic notice —GO days 11 13 23 

And for money or property actually received 11 13 23 

Any fictitious increase of, to be void 11 13 23 

Dividends of, by railroad companies, void 11 13 23 

STOCKHOLDERS— Of banks, names of, to be registered 11 8 22 

Of banks, personally liable 11 6 22 

Of incorporated companies, cumulative vote allowed to, in elec- 
tion of directors 11 3 21 

Of railroads, to have notice of any consolidation of stock 11 11 22 

STREET RAILROADS — Consent of local authorities necessary.... 11 4 21 

STYLE OF LAWS 4 11 5 

SUFFRAGE 7 17 

Qualifications of electors 7 1 17 

All votes shall be by ballot 7 2 17 

Persons convicted of infamous crimes excluded from 7 7 17 

Soldiers or seamen not entitled to vote by reason of being sta- 
tioned in this state 7 5 17 

Absence on business of the state or United States will not lose 

residence 7 4 17 

Privilege from arrest 7 3 17 

SUIT — Shall not be brought against the state 4 26 S 

SUPREME COURT — Created 6 1 12 

To consist of seven judges 6 2 12 

Shall have original jurisdiction in cases relating to revenue, 

habeas corpus, and mandamus 6 2 12 

Appellate jurisdiction in all other cases 6 2 12 

One of the judges to be chief justice 6 2 12 

Four judges to constitute a quorum 6 2 12 

Four judges must concur in every decision 6 2 12 

Terms and place of holding 6 4 12 

Appeals and writs of error may be taken to 6 8 13 

Parties may agree as to what division G 8 13 

Shall appoint one reporter, who shall hold for six years 6 9 13 

May remove reporter 6 9 13 

Clerk of — one clerk to be elected in each division, and how... 5 10 13 

Shall hold his office six years 6 10 18 

"When to enter on duties of office 6 10 13 

SUPERIOR COURT OF CHICAGO.— See Cook County. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. See Execu- 
tive; Department 5 9 

When to be elected 5 3 9 



60 THE NEW CONSTITUTION. 



SUPERINTENDENT OF PUBLIC INSTRUCTION — Continued. Art. Sec. Pg. 

Shall reside at the seat of government 5 19 

Shall keep the public records there 5 19 

Shall perform such duties as the law prescribes 5 19 

Shall hold his office for four years, and until his successor is 

elected and qualified 5 19 

SUPERINTENDENT OF SCHOOLS — County 8 5 17 

SURVEYOR — To be elected in each county, term of office of 10 8 20 

TAX — Property of the state, county, city*, agricultural societies, 
schools, religious, sanitary, or charitable purpose, may be 

exempted from 9 3 18 

Governor to present an estimate 5 7 9 

Every person to pay in proportion to the valuation of his 

property 9 1 18- 

General assembly shall levy to provide the necessary revenue.. 9 1 18 

To be levied in proportion to value of property 9 1 18 

General assembly may tax peddlers, etc., but all such taxes 

shall be uniform as to class 9 1 18 

Two mill — when to cease Sch. 28 28 

Special assessments for local purposes 9 9 18 

By municipal corporations 9 9 18 

By municipal corporations 9 10 19 

Levied for state purposes shall be paid into state treasury 9 7 18 

No county, city, town, or district shall ever be released from 

their proportion of taxes levied for state purposes 9 6 18 

For corporate purposes — municipal authorities may collect — 

such taxes shall be uniform 9 9 18 

County court to have jurisdiction for collection of 6 18 14 

County authorities shall never assess an aggregate of over 
seventy-five cents on the hundred dollars, except for the 
payment of debts existing at the adoption of this constitu- 
tion, unless authorized by a vote of the people 9 8 18 

TAX SALES — Lands on which taxes are not paid to be sold — 

return and sales, how made 8 4 18 

Shall not be made except by the proper officer on the judgment 

of a court 9 4 18 

Notice of, how given, occupants to be served personally before 

time of redemption expires 9 5 18 

Redemption from, allowed for two years 9 5 18 

TEACHERS — Shall not be interested in the sale or profits of books 

or furniture used in their schools 8 4 17 

TELEGRAPH COMPANIES — Interests, or business, maybe taxed 9 1 18 

TERM OF OFFICE —No law shall be passed to extend 4 28 8 

Of senators, four years 4 6 4 

Of representatives, two years 4 7-8 4 

Of governor, four years 5 19 

Of secretary of state, four years 5 19 

Of treasurer, ten years 5 19 

Of auditor, four years 5 19 

Of superintendent of public instruction, four years 5 1 9 

Of attorney general, four years 5 19 

Of judge of supreme court, nine years 6 6 13 

Of judge of circuit court, six years 6 12 18 

Of judge of county court, four years 6 18 14 

Of circuit clerk, four years 10 8 20 



ALPHABETICAL INDEX. 61 



Sec. 


ps> 


8 


20 


8 


20 


8 


20 


8 


20 


8 


20 


8 


20 


22 


15 


4 


9 


13 


5 


13 


5 


13 


5 


12 


23 


1 


18 


5 


20 


5 


20 


5 


20 


5 


20 



TERM OF OFFICE— Continued. ah. 

Of count}- clerk, four years 10 

Of sheriff, two years 10 

Of treasurer, two years 10 

Of coroner, two years 10 

Of surveyor, four years 10 

Of recorder of deeds, four years 10 

Of states attorney, four years 6 

Tl E — In case of, in the election of officers of executive department 5 

TITLE of bills — shall express the subject 4 

Laws shall not be amended by reference to 4 

Laws valid only as to parts expressed in 4 

TOLLS on railroads — maximum to be fixed by general assembly.... 11 

TOLL BRIDGES may be taxed 9 

TOWNSHIP ORGANIZATION — General assembly shall provide a 

general law under which counties may organize by vote.... 10 

Counties may adopt by vcte 10 

Counties may discontinue by vote 10 

No two townships shall have the same name 10 

Day of annual town meeting to be uniform throughout the 

state 10 5 20 

TOWN OR TOWNSHIP shall not lend its credit, to any private cor- 
poration 2 26 

TREASURER — See Executive Department ! 5 9 

When to be elected 5 3 9 

Shall reside at the seat of government 5 

Shall keep the public records there 5 

Shall perform such duties as the law prescribes 5 

Shall hold his office for two years, and until his successor is 

elected and qualified 5 

May be required by the governor to give additional security — 

and in default of so doing, his office shall be vacant 5 

To be elected in each county 10 

Term of office of 10 

TREASURY — No money shall be drawn from, except in pursuance 

of an appropriation made by law 4 

TRIAL BY JURY — Right of, guaranteed 2 

Allowed in all cases when in the exercise of — eminent domain 
— a corporation is interested for or against 11 

TRIAL for libel — truth, when a defence 2 

TRUTH, when a defence in libel suits 2 

TWO MILL tax, when to cease Sch. 

UNITED STATES, military regulations of— to be conformed to .. 12 

VACANCIES — In members of the general assembly — how filled.... 4 

In any office, not elective, to be filled by the governor 5 

In other offices, how filled 7 

VALUE of property to be taxed, how ascertained 9 

VALUATION of taxable property, how found 9 

Of real estate, where property is depreciated by roads, or public 

easements, deduction to be made 9 3 18 



1 
1 
1 


9 
9 
9 


1 


9 


2 

8 
8 


9 
20 
20 


17 


6 


5 


2 


14 


23 


4 


2 


4 


2 


23 


28 


2 


23 


2 
11 
32 


3 
10 
16 


1 


18 


1 


18 



62 THE NEW CONSTITUTION. 



Art. Sec. Pa. 

VESTED rights 2 13-14 2 

VETO — Provisions concerning 5 16 10 

Governor may exercise 5 16 10 

Two-thirds of the members elected required to pass a law over 

the governor's veto 5 16 10 

VOTERS — Who are 7 2 17 

Each qualified voter may cast as many votes for one candidate 
as there are members to be elected, and may distribute the 
same or equal parts thereof, among candidates as he shall 

see fit 4 7-8 4 

VOTES — All to be by ballot 7 2 17 

WABASH RIVER one of the boundaries of the state Ill 

WAR — In time of, soldiers shall not be quartered, etc., except as 

prescribed by law 2 16 2 

WAREHOUSES 3 23 

Public — what are 13 1 23 

Owner, lessee, or manager of, in any town or city of not less 
than 100,000 inhabitants — to make weekly statements 

under oath 13 2 23 

Railroad companies, to deliver grain at, etc 13 5 24 

May connect with any railroad track 13 5 24 

Statement to be posted up — and a copy to be placed in a pub- 
lic place to be designated by law — and shall contain state- 
ment and grade of all grain and other property stored 
therein — what receipts have been issued and are outstand- 
ing — changes in amount and grade of grain to be noted 

daily on the copy posted 13 2 23 

Different grades of grain shall not be mixed 13 2 23 

Owner shall always be at liberty to examine property stored — 

and all books relating thereto 13 3 24 

Separately submitted Sch. 12 27 

WARRANT not to issue without probable cause, supported by affi- 
davit particularly describing, etc 2 6 2 

Auditor's — no money drawn from treasury, except on, etc 4 17 6 

WITNESSES in criminal prosecutions to confront the accused 2 9 2 

Defendant in criminal cases to have compulsory process for 2 9 2 

WORSHIP — No person compelled to support 2 3 2 

Religious — freedom of, guaranteed 2 3 2 

No preference given by law to any form of 2 3 2 

WRIT OF HABEAS CORPUS — shall not be suspended or denied, 

except, etc 2 7 2 

WRITS OF ERROR to supreme court 6 8 13 

WRONGS — Laws should contain a remedy for all 2 19 3 

YEAS AND NAYS of the senators on appointment of officers 5 11 10 

Shall be taken and entered on the journal on the final passage 

of all bills 4 12 5 

Shall be taken on each bill separately on the final passage 4 12 5 

To be entered on the journal — when — in the senate 4 10 5 

When — in the house of representatives 4 10 5 



In one Ootavo Vol., 400 pp. Price, $2.00. Law Binding, $3.00. 



A BOOK FOR EVERY PUBLIC OFFICER, EVER - * 

LAWYER, EVERY TAX-PAYER, AND 

EVERY CITIZEN. 



Haines' Township Laws, 

A Compilation of the laws of the State of Illinois relating to 

To-vnship Organization, to which is added numerous 

Practical forms and copious notes, by ivay of 

Instruction, referring to A djudicated Cases. 

New Edition. Revised, Re-arranged and Enlarged. Adapted to the New 

Constitution of 1S70. 



By Elijah M. Haines, 

Counsellor at Law ; Compiler of Township Organization Laws of 

Wisconsin, Minnesota 8nd Michigan, and author of 

a Treatise for Justices of the Peace. 



This edition contains the Statute Law concerning or relating 
to Township Organization down to the present time. Also, 
notes of all decisions of the Supreme Court of Illinois to Vol. 50 
of the Reports. Also, notes of Decisions in various other States. 

It contains, likewise, full notes of all decisions, and instructions 
of the State Auditor, concerning the Revenue Laws, which have 
never before been published in any form. 

The late Statute Laws, together with recent important decis- 
ions affecting the Township Organization Law, and the adoption 
of the new Constitution — all of which are included in the present 
edition of this work — have the effect to supersede former editions 
of this book. 

The New Constitution of Illinois is inserted in the 
ivork in full, being the first publication thereof in any book of 
laws since its adoption. 

E. B. Myers, Publisher. 



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